Is “ Right to sue survives upon the death of claimant during adjudication of claim petition “in injury cases ‘? As the cause of action being personal and claim petition abets upon the death of injured , A complex study discussed When injured person dies after filing claim petition :An analytical study of various cases of high courts was discussed by Supreme Court in the reported case captioned ORIENTAL Insurance co Ltd V/s kahlon @ Jasmail singh kahlon deceased through Narindra Kahlon case no : civil appeal 4800/2021 decided on dated 16/8/2021 :In essence Supreme Court admitted the view of various high courts regarding right to sue still survives after the death of claimant but differed in calculation of compensation: The division bench of Supreme Court denied the head of loss of suffering to substituted LR’s and granted claim on loss of estate upon various heads like medical expenses , annual salary with 15% future prospectus multiplying 11as multiplier according to age :,hospitalisations and attendant expenses ,that went in calculation of Rs 28,42,175/-on the contrary High court awarded 1 lac of amount in the head of medical expenses only to substituted LR as part of estate , and high court denied their calculation of loss of income (salary) with future prospect through multiplier with the reasoning that the case was not of death and also not adding head of pain& suffering and attendant charges etc :
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