How much compensation will I get from MACT

902 votes

Sir, in MACT cases insurance company plea with that good reason of holding the fake license. Which clearly shows that he was driving the vehicle for which he was not authorized. Insurance company will not pay in regard. As it's totally liability of the offender only. You will surely get the compensated amount, and it will not be hampered at any cost. Whereas on second hand court may direct the insurance company also to pay some lumsome amount to you also. There are certain refence cases in regard too. In which Court has laid down some leading decisions in the interest of Justice and petitioners also.
Best of luck.

Advocate Salil Tripathi LawRato

816 votes

It depends on various factors you will have to come with all the relevant documents related to your case then only I can advice you properly. However if the driver was not holding a valid licence insurance company may not be held liable to pay compensation but this is also not true for all of the case. he may be still held liable if owner was not aware of the same. For better advice you need to personally come and explain the facts and situation than only I can advice you properly.

Advocate Brajesh Kumar LawRato

714 votes

Insurance company as such is not liable to pay because the driver of offending vehicle had fake DL, which is a protection to insurance companies under S. 149, Motor Vehicle Act. However, this does not mean you will not get compensation. Your rights for compensation are protected. It is, therefore, now between the owner and insurance company to fight out who has to give the compensation. Suggest you to file the Petition at the earliest.

Compensation: Since he was earning 16 Lakhs, TDS of an approx amount of Rs. 3 Lakhs will be deducted, so roughly the salary would be 13 Lakhs (Pls. note that this may vary depending on if your husband was salaried employee or had his professional income or anything else). So we will calculate it estimating that the income was 13 Lakhs. You can change it depending on how much was your husband's income after deduction of tax.
First add future prospects of 50%, so the salary becomes 19,50,000. Then 2/3rd share of that is required to be deducted for his contribution towards family, therefore, the salary becomes 13,00,000 again.
Multiplier to be applied is 17, so the compensation as required to be paid will be 2.21 Crore. In this, add some 1 to 2 Lakh for other expenses, so roughly the amount should come close to 2.23 Crore.

LawRato LawRato

940 votes

You will get a handsome compensation, which will be calculated to so many heads as loss of income for whole life, expenses in treatment if any and many more. But real advice can be given after studying of DAR.

Advocate Hira Lal Jha LawRato

901 votes

If your husband have the income of 16 lakhs per annum with proof then you will get the compemsation of 12 to to 16 lakh surely from the Insurance company and Owner of vehicle and also driver. More detail you meet me in my office or contact at my mobile no.

LawRato LawRato