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Showing posts with the label right to prosecute

Legal Representative Can’t Challenge MACT Award After Claimant’s Death

The Karnataka High Court in Hussain vs. Imtiyan Khan has held that a legal representative of a claimant cannot challenge the award and she does not inherit the right to prosecute the appeal after death of the claimant. The legal representative of the claimant had contended that when insurance company files an appeal challenging the award of the tribunal, if a legal representative of the injured can be permitted to come on record on the death of injured during the pendency of the appeal, the same is to be permitted when the injured files an appeal and dies subsequently. Justice Sreenivas Harish Kumar said: “If he had not died, he could have prosecuted the appeal seeking enhancement of compensation. The moment he died, his wife is only entitled to recover the compensation granted by the tribunal. Right to prosecute an appeal being a legal representative is not heritable. If it is possible to make out the cause of death as due to personal injuries owing to accident, the wife gets a ri...