VidhiSangh

Supreme Court of India · 16/08/2021

THE ORIENTAL INSURANCE COMPANY LIMITED versus KAHLON @ JASMAIL SINGH KAHLON (DECEASED) THROUGH HIS LEGAL REPRESENTATIVE NARINDER KAHLON GOSAKAN AND ANOTHER

[2021] 8 S.C.R. 469 · 2021 INSC 403

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Summary

Where an injured motor-accident claimant died from unrelated causes during his enhancement appeal, his legal representative could continue the claim for loss to his estate. That loss included treatment and attendant expenses, lost income and future prospects; compensation for personal pain and suffering did not survive. On the facts, loss of earning capacity was assessed at 75%, without deduction for personal expenses. The insurer’s appeal was partly allowed and it was directed to pay the reassessed balance of ₹28,42,175 with 9% annual interest within four weeks.

Issues

  1. Whether an enhancement claim survived an injured claimant’s unrelated death to the extent of loss to his estate.
  2. Which compensation heads survived and how earning loss should be assessed on these facts.

Provisions considered

Held

Result

Appeal partly allowed; insurer directed to pay the reassessed balance ₹28,42,175 within four weeks with 9% annual interest from filing of the claim petition until realisation.

Judgment PDF: Supreme Court of India, [2021] 8 S.C.R. 469.