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How to claim compensation in case of motor accident
11-Jun-2023 (In Motor Accident Law)
my friend aged 25 died in bike accident due to harsh driving of tempo driver in 2012, he was only son to his parents. no other earning member in family.. they filled case for compensation in session court, parents age is now 62 and 59, insurance company delaying the matter.. his salary was 40000 ( basic 15000 + incentive 25000) . my questions are 1) can incentives should be used for calculation of compensation as it is part of his income? 2)what wiil b compensation amt 2)can insurace company appeal in higher court? 3) if the mother and father dies,can his sister get the compensation amount?
In refrence to your querry regarding the payment of compensation to the dependants of the deceased the following method is adopted by the courts as per the guidelines of the Hon'ble Supreme court under M.V.Act:
1. Loss of dependancy = (Income of deceased- IT) x 12 x 16 (multiplier at the age of 35 years) x 2/3 (taking the no. of dependants to be 3
2. In case the deceased was holding a permanant job with regular annual increments then 50% of the amount as calculated in para 1 will be added to the amount calculated in para 1 towards the future prospects for the purpose of awarding amount on account of dependancy.
3.The petitioners will also be awarded amount upto Rs. 2,25,000/- towards funeral expenses, loss of consortium, loss of estate, loss of love and affection etc. in addition to the loss of dependancy.
1. Loss of dependancy = (Income of deceased- IT) x 12 x 16 (multiplier at the age of 35 years) x 2/3 (taking the no. of dependants to be 3
2. In case the deceased was holding a permanant job with regular annual increments then 50% of the amount as calculated in para 1 will be added to the amount calculated in para 1 towards the future prospects for the purpose of awarding amount on account of dependancy.
3.The petitioners will also be awarded amount upto Rs. 2,25,000/- towards funeral expenses, loss of consortium, loss of estate, loss of love and affection etc. in addition to the loss of dependancy.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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