Heirs of an injured claimant may recover treatment-period income loss and loss of amenities, but not pain and suffering.

The appeal was brought by the deceased claimant Srinivasaiah B.V.’s legal representatives seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal for injuries sustained in a road accident on 26 May 2020 involving a Tata Sumo

The claimant was hospitalized on three occasions between 26 May and 13 December 2020 and died while the claim petition was pending; his death was not attributable to the accident injuries

The Tribunal awarded Rs. 5,99,000, including Rs. 1,00,000 for pain and suffering, Rs. 4,68,984 for medical expenses and Rs. 30,000 for attendant, conveyance and incidental expenses, with interest at 6% per annum

The claimants appealed for enhancement

1. Whether the legal representatives of an injured claimant, whose death was unrelated to the accident injuries, could retain compensation for pain and suffering or instead receive compensation for loss of amenities

2. Whether the legal representatives were entitled to compensation for the claimant’s loss of income during the period of treatment and recovery

The appeal was brought under Section 173(1) of the Motor Vehicles Act

The judgment states no specific statutory provision or precedent governing the heads of compensation. It applies the principles that, where an injured claimant dies from an unrelated cause during the proceedings, the legal representatives are not entitled to compensation for the claimant’s pain and suffering, but may be awarded compensation for loss of amenities; they may also recover proven or assessed loss of income during the claimant’s treatment-related laid-up period

Because the claimant’s death was not caused by the accident injuries, the Court held that the legal representatives could not receive the Rs. 1,00,000 awarded for pain and suffering, but could receive the same amount for loss of amenities

The claimant’s treatment and hospitalizations extended over approximately seven months. Applying the 2020 notional monthly income of Rs. 14,500, the Court assessed loss of income during that period at Rs. 1,01,500 (Rs. 14,500 × 7)

The insurer was directed to deposit the enhanced amount within six weeks, and the appellants were entitled to receive it in equal shares