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Shimla, July 2,
The Himachal Pradesh High Court has directed that the death of a claimant during the pendency of a motor accident compensation case does not cause the claim to lapse. Justice Vivek Singh Thakur, while pronouncing the order on June 16, 2025, held that proceedings under the Motor Vehicles Act are intended to be beneficial in nature and must be carried forward to ensure justice to rightful dependents of the deceased.
“There shall be no abatement in terms of Order 22 of the Code of Civil Procedure in the proceedings before MACT,” Justice Thakur ruled, underlining that the procedural framework under the Motor Vehicles Act allows the tribunal to continue hearing the matter even in the absence of a deceased claimant.
The case arose from a claim filed for compensation after the death of Tikam Ram in a road accident. His mother, Neem Devi alias Neem Dassi, was one of the claimants but passed away during the pendency of the claim. An application was filed to substitute her name with that of her other son and granddaughter. The Court, however, dismissed the plea, observing that they were not dependent on Tikam Ram and thus not entitled to any share in the compensation.
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“In claim cases, compensation is awarded on account of dependency upon the deceased. It is not a property or estate inherited by the parent(s)… but is a compensation awarded being dependent legal heirs,” the judge stated. He further clarified that if a claimant dies before receiving or utilizing their share of compensation, the amount should revert to the surviving dependents of the accident victim.
Quoting the underlying principle, Justice Thakur emphasized, “The death of a claimant during proceedings does not result in abatement of the claim. The necessary party or legal heirs can be brought on record at any stage, provided it ensures opportunity of being heard and protects the rights of genuine dependents.”
The judgment also reinforces the autonomy of the Motor Accident Claims Tribunal to conduct proceedings in a manner that is just and expedient. “Subject to the provisions of the MV Act and Rules made thereunder, MACT is competent to evolve its own procedure,” the order observed, stressing that the tribunal is not bound by the stricter procedures applicable to civil suits.
About the Author
The HimachalScape Bureau comprises seasoned journalists from Himachal Pradesh with over 25 years of experience in leading media conglomerates such as The Times of India and United News of India. Known for their in-depth regional insights, the team brings credible, research-driven, and balanced reportage on Himachal’s socio-political and developmental landscape.
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