AMOUNT OF COMPENSATION
AWARDED IN COURTS FOR DEATH OF A MASON IN MOTOR VEHICLE ACCIDENT
The amount of compensation awarded in
courts for death in motor vehicle accident is discussed below. When a person
dies in a motor vehicle accident, his legal heirs can claim compensation in
motor vehicles claims tribunal. They can claim compensation against the
insurance company in which the vehicle in question has been insured at the time
of accident. The court enquires, and award compensation.
The amount of compensation awardable
by the court is as follows:
Suppose the deceased was aged 35
years at the time of accident, occupied
as mason and centering master earning Rs. 25,000/pm as per claim. In the
absence of any proof of income, notional income of Rs.6,500/ pm. 40% of his
income added towards future prospects, (6500 + 2600 = Rs.9,100/)and 1/3 of the
income has been deducted for personal expenses and the Proper multiplier for
his age is 16.
Loss of income
---
Rs. 11,64,864/
(Rs.9100 x 1/3 x 12 x 16)
Loss of estate --- Rs. 15,000/
Funeral expenses
---
Rs. 15,000/
Loss of consortium --- Rs. 40,000/
--------------------
Total --- Rs. 12,48,000/
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Normally courts award compensation in
this basis in death cases. They also order to pay the cost of the litigation
and interest for the award amount from the date of petition till deposit at the
rate of 7.5% pa. If the deceased was hospitalized before death and incurred
medical expenses, that also will be awarded. This is the way in which the
courts award compensation in death cases.
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