Abatement and settlement Mediclaim and Compensation received under other Schemes under motor vehicles Act:-

Abatement and settlement Mediclaim and Compensation received under other Schemes under motor vehicles Act:-

Original   claimant/injured   died   natural   death   during pendency of claim petition.­ whether his/her LRs are entitled for compassion? ­ Held ­Yes, as claim petition does not abate on the death of injured victim.

1991 GLR 352, 2009 (2) GLH 217 Surpal Sing Gohil. 2014

ACJ 930 (AP). 2014 ACJ 1621 (Mad) Venkatesan v/s Kasthuri.  2014  ACJ  1754  (P&H),  2014  ACJ  1814  (Mad),

2015 ACJ 1452 (Bom)­

Proceedings under the M V Act does not abate on the death of the injured claimant 2021 ACJ 2576 O.I.Com. V/s. Kahlon

 

Award in favour of dead person/claimant – award can not be passed in favour of dead person award set aside with a direction to decide claim petition afresh.

2015 ACJ 1261 (Del).

 

      M V Act u/s 166 Legal Representative Suits Act, 1855 u/s 1

– Indian Succession Act, 1925 u/s 306 – Claim for personal injury filed u/s 166 of the M V Act would abate if the inured dies for other reasons.­

2015 (2) CCC 512 (All) – Smt. Saroj Sharam v/s State of UP., 2017 ACJ 413 (Chh)

 

Driver­Owner died before the reply could be filed in the claim petition – Tribunal deleted the said opponent as his LR have not been joined – Whether such order is sustainable?­ Held­ No. ­As Section 155 of the MV Act would apply and CPC dealing with abatement would not apply. ­ 2016 ACJ 1554


(HP).

Maxim Actio personalis moritur cim persona this maxim applies to personal injuries and PSS to deceased and not to loss to estate of the deceased LR are entitled for continue with the claim petition.

2018 ACJ 1035 (Mad)

Settlement:-

Claim petition withdrawn under the belief that as per the settlement all amount would be paid but same was not paid after the withdrawal of the claim petition ­ Whether the fresh claim petition is bared as per the principles of the res judicata? ­ Held­ No.

2013 ACJ 1361 (Raj).

Same principle would apply if claim petition preferred u/s 166 is withdrawn (even if without permission to file a petition u/s 163A) and fresh petition is filed u/s 163A of the M V Act. ­ 2016 ACJ 833 (P&H)

 

2                   Claimant sustained injuries and filed claim petition same was partly allowed – claimant subsequently expired – his LR filed another claim petition claiming loss of dependency­ whether second petition is barred under the principle of res judicata?­ Held­ No.

2016 ACJ 790 (Kar)

 

3                   Claim petition preferred u/s 163­A has been dismissed thereafter petition u/s 166 of the M V Act has been referred

- whether principle of Res Judicata would apply in this case? ­ Held­ Yes.

2016 ACJ 1343 (Bombay Goa)

 

4                   Settlement­ Several claim petitions at two different places­ settlement arrived at place 'A'­ IC disputing its liability before the Tribunal at place 'B'­ whether sustainable­ Held­ No.­ Principle of estoppal u/s 115 of evidence act would apply. 2014 ACJ 1511 (Del).

 

Mediclaim and Compensation received under other Schemes:-

 

Mediclaim when certain amount is paid under   the mediclaim policy, claimant can claim the said amount in the claim petition. ­ Held­ No.

2013 ACJ 1437 (Mad), 2013 ACJ 2366 (Del), 2013 ACJ

2382 (Del), 2002 ACJ 1441 Patricia Jean Mahajan,

2013 ACJ, 2014 ACJ 320 (Del), 2016 ACJ 2759 (Del)

 

Mediclaim­ claimant is only entitled for the amount of premium paid by him and not the entire amount received by him under the Mediclaim. ­ 2013 ACJ 2609 (Del) N.I.Com. v/s R.K. Jain.

 

Criminal Procedure Code, 1973 U/s 357A­ Victim Compensation Scheme­ payment received thereunder whether that can be the base to deny compensation to the victim?­ Held­ No. ­ 2016 ACJ 2115 (Del)

 

 

 

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