The Rajasthan High Court recently reversed the Motor Accident Claims Tribunal's decision, which had denied compensation for the death of a 58-year-old resident of Jaipur on the grounds that there was no connection between his motor vehicle accident injuries and his death. 

Justice Birendra Kumar's single-judge bench decided as follows:

“There is no material on record to substantiate that prior to his death on 15.12.2008, Mr. T.P. Vishvnath Naiyar had already got cured of the fracture of his leg which was caused during accident. Therefore, death due to development of other complications, cannot be said to have no connection with the injury caused rather, consistent material on record speaks volume that fracture of both upper and lower bones of right leg was continuing till death due to infection and that the fracture had led to non-movement of body creating further medical complication including kidney failure.”

When TP Vishvnath Naiyar was struck by a car in 2006 while crossing the street, he suffered fractures to his legs and ribs. He submitted a claim case to the Vehicle Accident Claims Tribunal in January 2007, but he passed away in December 2008. After that, his legal heirs had themselves replaced in the claim case before the Tribunal, which had denied death benefits on the grounds that there was no connection between the victim's injuries from the accident and his or her passing.

He sustained leg and rib fractures when TP Vishvnath Naiyar was hit by a car in 2006 as he crossed the street. In January 2007, he filed a claim with the Automobile Accident Claims Tribunal, but he passed away in December 2008. When the Tribunal denied death benefits on the basis that there was no relationship between the accident victim's injuries and his or her departure, the legal heirs of the deceased had themselves been replaced in the claim case.

In this backdrop the Court held, “death of Mr. T.P. Vishvnath Naiyar was a consequence of the motor vehicle accident and the learned Tribunal has erred in not considering the material on record in a correct perspective.”

As a result, it altered the tribunal's decision and granted compensation of Rs. 10,51,000, which included the death benefit, less the sum that had already been paid at the similarly determined interest rate.

Case Title: Late T. P. Vishvnath Naiyar & Ors. v. United India Insurance Company Limited & 3 Ors.