Death Effect on Motor Vehicle Claim Proceedings: Supreme Court

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In a recent decision of the Hon'ble Supreme Court in the case of The Oriental Insurance Company Limited v. Kahlon (D) Through LR & Another, Decision dated 16.08.2021, the Apex Court was faced with two important questions i.e. Whether cause of action survives on death of the injured person where the death was not caused due to the accident? and What would the loss of estate mean and what items would be covered by it? The Court after going through various decisions held that the cause of action qua the loss of estate of the deceased would survive if the original claimant dies during the pendency of appeal and such Loss of Estate would not include pain and sufferings but include expenditure on medicines, treatment, diet, attendant, Doctor's fee, etc. including income and future prospects.


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