Full Judgment Text
2025 INSC 820
Non-Reportable
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
Civil Appeal No………..of 2025
(@Special Leave Petition (C) No.12187 of 2019)
MEENA (DEAD)
REPRESENTED THR. LRs.
APPELLANT(S)
Versus
PRAYAGRAJ & ORS.
RESPONDENT(S)
J U D G E M E N T
K. VINOD CHANDRAN, J.
1. Leave granted.
2. The injured was the claimant before the Motor
Accidents Claims Tribunal, who died during the
pendency of this appeal on 25.01.2024. The husband and
the two daughters, who are the legal heirs of the original
claimant, have been substituted as the appellants.
3. An accident occurred on 04.06.2005, when the
injured was travelling in a bus. There was 100%
Signature Not Verified
Digitally signed by
DEEPAK SINGH
Date: 2025.07.14
15:48:06 IST
Reason:
disability assessed by the doctor, who was examined
Page 1 of 6
CA @ SLP (C) No. 12187 of 2019
before the Tribunal. Both the Tribunal and the High
Court has accepted the percentage of disability. The
original appellant (deceased), at the time of the accident
was 50 years old and accepting her monthly income as
Rs.3,000/-, a multiplier of 13 was applied and the total
loss of income was assessed as Rs.4,60,000/- by the
Tribunal. The Tribunal also awarded Rs.50,000/- for pain
and suffering and Rs.1,20,000/- for attendant charges;
computing the monthly expense at the rate of Rs.2,000/-
for five years. The actual bills produced for the medical
expenses comes to Rs.1,68,970/- and an additional
amount of Rs.50,000/- for nutritional and transportation
was granted, thus totaling Rs.8,56,970/-.
4. The High Court marginally enhanced the amount
by awarding Rs.50,000/- for pain and suffering and Rs.1
lakh each towards loss of amenities and for future
medical treatment. The appeal is filed to enhance the
compensation.
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CA @ SLP (C) No. 12187 of 2019
5. At the outset, the learned counsel for the claimants
relied on Oriental Insurance Company Limited v.
1
Kahlon @ Jasmail Singh Kahlon to impress upon us that
despite the death of the injured, the legal
representatives of the deceased can pursue the claim
since the property under the Act would have a much
wider connotation than the conventional definition and
would include the estate left behind by the deceased. It
was held that if the legal heirs can pursue claims in case
of death, there is no reason to prohibit the legal
representatives to pursue claims for loss of a property,
akin to estate of the injured, if the injured dies
subsequently. We see, absolutely no reason to differ
from the declaration of law and the insurer also raises no
objection on the same. We would consider the
enhancement sought by the original applicant, which if
granted before her death would have accrued to her
estate or rather compensated the loss of her estate;
1
(2022) 13 SCC 494
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CA @ SLP (C) No. 12187 of 2019
caused by reason of the accident, which the legal heirs
are entitled to succeed to.
6. The Tribunal and the High Court had adopted a
monthly income of Rs.3,000/- for the deceased, a
married woman who did not have a regular employment.
It was asserted before the Tribunal that she was carrying
on stitching and embroidery work, which the Tribunal
refused to accept, finding no evidence led.
7. We are also of the opinion that considering the fact
that the appellant (deceased) had survived almost 19
years in a vegetative state and there are medical bills
produced for treatment undergone subsequently, all of
which cannot be said to be a direct consequence of the
accident, there is scope for further enhancement. In any
event, an additional amount of Rs.1 lakh for future
treatment would suffice.
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CA @ SLP (C) No. 12187 of 2019
8. The total compensation would be as follows.
Non-Reportable
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
Civil Appeal No………..of 2025
(@Special Leave Petition (C) No.12187 of 2019)
MEENA (DEAD)
REPRESENTED THR. LRs.
APPELLANT(S)
Versus
PRAYAGRAJ & ORS.
RESPONDENT(S)
J U D G E M E N T
K. VINOD CHANDRAN, J.
1. Leave granted.
2. The injured was the claimant before the Motor
Accidents Claims Tribunal, who died during the
pendency of this appeal on 25.01.2024. The husband and
the two daughters, who are the legal heirs of the original
claimant, have been substituted as the appellants.
3. An accident occurred on 04.06.2005, when the
injured was travelling in a bus. There was 100%
Signature Not Verified
Digitally signed by
DEEPAK SINGH
Date: 2025.07.14
15:48:06 IST
Reason:
disability assessed by the doctor, who was examined
Page 1 of 6
CA @ SLP (C) No. 12187 of 2019
before the Tribunal. Both the Tribunal and the High
Court has accepted the percentage of disability. The
original appellant (deceased), at the time of the accident
was 50 years old and accepting her monthly income as
Rs.3,000/-, a multiplier of 13 was applied and the total
loss of income was assessed as Rs.4,60,000/- by the
Tribunal. The Tribunal also awarded Rs.50,000/- for pain
and suffering and Rs.1,20,000/- for attendant charges;
computing the monthly expense at the rate of Rs.2,000/-
for five years. The actual bills produced for the medical
expenses comes to Rs.1,68,970/- and an additional
amount of Rs.50,000/- for nutritional and transportation
was granted, thus totaling Rs.8,56,970/-.
4. The High Court marginally enhanced the amount
by awarding Rs.50,000/- for pain and suffering and Rs.1
lakh each towards loss of amenities and for future
medical treatment. The appeal is filed to enhance the
compensation.
Page 2 of 6
CA @ SLP (C) No. 12187 of 2019
5. At the outset, the learned counsel for the claimants
relied on Oriental Insurance Company Limited v.
1
Kahlon @ Jasmail Singh Kahlon to impress upon us that
despite the death of the injured, the legal
representatives of the deceased can pursue the claim
since the property under the Act would have a much
wider connotation than the conventional definition and
would include the estate left behind by the deceased. It
was held that if the legal heirs can pursue claims in case
of death, there is no reason to prohibit the legal
representatives to pursue claims for loss of a property,
akin to estate of the injured, if the injured dies
subsequently. We see, absolutely no reason to differ
from the declaration of law and the insurer also raises no
objection on the same. We would consider the
enhancement sought by the original applicant, which if
granted before her death would have accrued to her
estate or rather compensated the loss of her estate;
1
(2022) 13 SCC 494
Page 3 of 6
CA @ SLP (C) No. 12187 of 2019
caused by reason of the accident, which the legal heirs
are entitled to succeed to.
6. The Tribunal and the High Court had adopted a
monthly income of Rs.3,000/- for the deceased, a
married woman who did not have a regular employment.
It was asserted before the Tribunal that she was carrying
on stitching and embroidery work, which the Tribunal
refused to accept, finding no evidence led.
7. We are also of the opinion that considering the fact
that the appellant (deceased) had survived almost 19
years in a vegetative state and there are medical bills
produced for treatment undergone subsequently, all of
which cannot be said to be a direct consequence of the
accident, there is scope for further enhancement. In any
event, an additional amount of Rs.1 lakh for future
treatment would suffice.
Page 4 of 6
CA @ SLP (C) No. 12187 of 2019
8. The total compensation would be as follows.
| Sr. No. | Heads | Amount |
|---|---|---|
| 1. | Medical bills | Rs.1,68,970/- |
| 2. | Special diet and<br>transport charges. | Rs.50,000/- |
| 3. | Pain and suffering | Rs.1,00,000/- |
| 4. | Loss of amenities | Rs.1,00,000/- |
| 5. | Future treatment | Rs.2,00,000/- |
| 6. | Attendant charges | Rs.1,20,000/- |
| 7. | Loss of income<br>3000 x 110% x 12 x 13 | Rs.5,14,800/- |
| Total | Rs. 12,53,770/- |
9. The remaining amount, after deducing the amount
which is already paid to the claimant shall be paid to the
legal heirs of the claimant (deceased) within a period of
two months, equally. The legal heirs of the claimant shall
provide the separate account details to the insurance
company to which accounts the insurance company shall
deposit the amount, online, as directed above within the
stipulated period with interest as directed by the
Tribunal.
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CA @ SLP (C) No. 12187 of 2019
10. The appeal is allowed with the above modification.
11. Pending applications, if any, shall stand disposed
of.
.……….……………………. J.
(SUDHANSHU DHULIA)
………….…………………. J.
(K. VINOD CHANDRAN)
NEW DELHI;
JULY 14, 2025.
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CA @ SLP (C) No. 12187 of 2019