• Compensation claim

My parents aged 42 and 49 died in accident, father aged 49 has 9L in ITR and mother aged 42 has 8L, what can the compensation be? The insurance lawyer has asked for settlement but will hat include interest from the date the case has been filed? Is it better for the judge to calculate or to make a settlement with opposite lawyer? Please let me know the calculation for each individual mentioned above thank you
Asked 4 years ago in Civil Law

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5 Answers

Any settlement with insurance will cost you 40% of what the Court will grant you, it is huge amount. The compensation the court will grant can reach 1Cr with interest and other benefits. There will be many components under which  you will get compensation from Court. Go for compensation through Court.

Ravi Shinde
Advocate, Hyderabad
5133 Answers
42 Consultations

The tribunal while determining the quantum of the compensation can take the income of the deceased as on the date of the accident/death.

The claimants who are fully dependent on the deceased for their survival can make claim for compensation based on the age factor of the deceased as well. 

“Section 166. Application for compensation.­ (1) An application for compensation arising out of an accident of
the nature specified in sub­section (1) of section 165 may be made­
(a) by the person who has sustained the injury; or
(b) by the owner of the property; or
(c) where death has resulted from the accident, by all or any of the legal representatives of the
deceased; or
(d) by any agent duly authorised by the person injured or all or any of the legal representatives of the deceased, as the case may be.

The Tribunal has a duty to make an award, determine the amount of compensation which is just and proper.

If the e evidence on record would suggest that the claimants were dependent  on the income of the  deceased persons income as shown in the petition,  the tribunal can determine the compensation based on the net income of the deceased persons. 

Loss of dependency due to loss of income may be calculated accordingly. 

T Kalaiselvan
Advocate, Vellore
90285 Answers
2512 Consultations

Courts have devised certain principles known as multipliers by which the compensation is calculated. Let the court decide the compensation amount.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You can get the settlement done with court. It depends on your mutual agreement

Prashant Nayak
Advocate, Mumbai
34744 Answers
252 Consultations

- The said income and their respective ages can be adopted by the Tribunal at the time of calculating the compensation 

- However, it depend upon the discretion of the court after perusing the situation and other circumstance , and there may be also a settlement as well. 

Mohammed Shahzad
Advocate, Delhi
15881 Answers
244 Consultations

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