Compensation one has to pay if victim dies in motor accident

547 votes

Dear Sir/Ma'am,

The computation of compensation would depend on various factors, including the monthly salary of the deceased. Assuming a monthly salary of Rs. 20,000/- the compensation would be more than Rs. 20 Lakh. Even if 'they' don't file a case against you in Court, chances are a FIR has already been lodged in connection with the death and as such, your brother is liable to be prosecuted.

Advocate Nitish Chaudhary LawRato

560 votes

ACTUALLY YOU DID NOT CLEAR ALL THE FACTS ABOUT ACCIDENT AND WITH WHOM GOT ACCIDENT AND HOW MUCH INJURY GOT TO ANOTHER PERSON AND ASSETS AND MORE DETAIL REQUIRE FOR GIVE YOU BETTER CONSULTANCY AND WHICH AREA ACCIDENT HAPPENED. BETTER YOU MAKE A CALL OR CONTACT WITH ME.

Advocate Dev Raj Sukhija LawRato

987 votes

Compensation will depend upon the salary of the individual who has passed away. Motor Vehicle Act prescribes for a formulae for calculating compensation. I'm using hypothetical figures and particulars of his family to get you an estimated amount of compensation.
Salary- 40, 000, annual= 4, 80, 000;
Age- 58 (as told by you), therefore multiplier used by court for calculating compensation for deceased person if aged 56-60 (in this case) will be= 9;
Number of dependents- Wife (children should be earning by now), therefore 2/3rd deduction in overall compensation;
Other heads- 1 Lac for mental pain and agony, 1 lac for loss of love and 25000 for funeral expenses
Estimated based on 40, 000 salary is: 4, 80, 000*9*2/3= 28, 80, 000+ 2 lacs for other heads as described earlier- 30, 00, 000
You can calculate the compensation using this formulae by changing the salary particulars.

If they don't file, then you will not be required to pay, simple. However, there is no limitation to file claim of compensation in Motor Accident cases. Therefore, if they have not filed as now, probably does not mean they will not file. Sooner or later they will be advised by someone. Also depends if they have filed FIR against you or not.
You can defend this claim provided if you have reasonable and legitimate grounds.

LawRato LawRato

951 votes

Hello, without knowing the whole matter it's impossible to suggest you any amount, MACT will decide amount according to claim. chargesheet and evidence will be vital in that case, whereas it can be dragged.

Advocate Jayatee Chatterjee LawRato

627 votes

FIR must have been lodged against your brother by Police since the person died. So there is no possibility that case is not filed against your brother...there will be two cases filed against your brother.one in MACT & another in criminal court....compensation has to be paid

Advocate Devansh Aggarwal LawRato