Notwithstanding anything contained in section 306 of the Indian Succession Act, 1925 (39 of 1925), the death of a person in whose favour a certificate of insurance had been issued, if it occurs after the happening of an event which has given rise to a claim under the provisions of this Chapter, shall not be a bar to the survival of any cause of action arising out of the said event against his estate or against the insurer.
Simplified Explanation
Section 155 of the Motor Vehicles Act in India addresses how the death of an individual involved in a motor vehicle accident affects legal claims and actions that could arise from the accident. This provision is crucial for ensuring that the rights to claim compensation for injuries or damages caused by or to the deceased do not extinguish upon their death. Instead, these rights can be transferred to and pursued by the legal representatives or successors of the deceased.
Overview of Section 155
This section establishes that if a person entitled to bring a claim for damages due to a motor vehicle accident dies (regardless of whether the death was caused by the accident), the right to claim compensation does not die with them. Instead, the claim can be pursued by the deceased’s estate or legal representatives.
Key Elements of Section 155
- Continuation of Legal Claims:
- The claims for compensation due to injuries or damages involving the deceased can be initiated or continued by the legal representatives of the deceased. This includes claims that the deceased was entitled to pursue if they had survived.
- Transfer of Rights and Liabilities:
- Rights to compensation and liabilities from a cause of action that existed at the time of the person’s death are transferred to their legal representatives or heirs. This applies to both claims against the deceased and claims that the deceased could have made against others.
- Scope of Applicable Claims:
- This provision typically covers all compensation claims related to personal injuries, death, or property damage arising from motor vehicle accidents.
- Ensuring Compensation for Dependants:
- The continuation of these claims is particularly important for dependants who might rely on the compensation for their livelihood, especially in cases where the deceased was the primary breadwinner.
Practical Implications
- Protection of Dependants’ Rights: Ensures that the family and dependants of a deceased individual are not deprived of potential compensation that could support them financially after the loss of their loved one.
- Legal Procedures: Provides a clear legal pathway for successors to pursue outstanding claims, ensuring that justice and compensation are not hindered by the death of the involved party.
- Insurance Settlements: Impacts the way insurers handle pending claims involving deceased policyholders, ensuring that claims are settled with the legal representatives rather than being nullified by the death.
Conclusion
Section 155 of the Motor Vehicles Act plays a critical role in the legal framework surrounding motor vehicle accidents by ensuring that compensation claims related to injuries, death, or damages do not end with the death of the injured party or the liable individual. Instead, these claims can be pursued by the estate or legal representatives, providing a necessary means of financial support and legal recourse following such incidents. This provision upholds the principle that justice and obligations survive beyond death, offering continuity and closure for affected parties.