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Section 155: Effect of death on certain causes of action

Motor Vehicles Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1988
Section 154 All 217 Sections of Motor Vehicles Act Section 156

Legal Commentary & Landmark Judgments: Section 155

Section 155 of the Motor Vehicles Act, 1988 enacts a vital statutory exception overriding the common law doctrine of 'actio personalis moritur cum persona' and Section 306 of the Indian Succession Act, 1925, mandating that the death of a person does not extinguish causes of action or liabilities arising out of motor accidents.

  • Overriding Non-Obstante Clause Against Maxim of Extinguishment: Section 155 expressly operates 'Notwithstanding anything contained in section 306 of the Indian Succession Act, 1925', decreeing that the death of a person either causing or suffering vehicular damage does not abate the cause of action.
  • Survival of Action Against Tortfeasor's Estate: Where the tortfeasor driver or owner dies after causing an accident (or simultaneously in the accident), the statutory cause of action survives against their legal representatives, estate, and indemnifying insurer without abatement.
  • Survival of Claim for the Benefit of Victim's Estate: Where an injured victim dies subsequent to instituting a claim petition or prior to adjudication, the claim for pecuniary loss, medical expenses, loss of property, and estate damage survives and vests in the legal heirs under the guidelines of Sarla Verma and Pranay Sethi.
Key Landmark Precedents:
  • National Insurance Co. Ltd. v. Pranay Sethi (2017) 16 SCC 680 (Constitution Bench): A 5-Judge Constitution Bench of the Supreme Court held that the assessment of compensation in motor accident claims must be governed by standardized, uniform principles regarding future prospects and conventional heads; statutory claims for loss to estate and dependency survive the victim's demise under Section 155 to secure full financial restitution for surviving dependents.
  • Sarla Verma v. DTC (2009) 6 SCC 121: The Supreme Court standardized the multiplier table, personal expenditure deductions, and dependency assessment for motor accident claims, establishing that the statutory cause of action under Chapter XI survives for the legal heirs and dependants of the deceased victim without abatement.
Courtroom Practice & Strategic Litigation Guidance:

Upon the death of either the claimant or the vehicle owner/driver during MACT proceedings, immediately file an application under Order XXII Rule 3 or 4 CPC r/w Section 155 of the MV Act within the limitation window. Ensure that pleadings clearly segregate loss to estate (which never abates) from personal non-pecuniary losses to prevent insurers from arguing total claim abatement.

Section 154 All 217 Sections of Motor Vehicles Act Section 156