AMOUNT OF COMPENSATION AWARDED IN COURTS FOR DEATH OF A FLOWER VENDOR IN MOTOR VEHICLE ACCIDENT

AMOUNT OF COMPENSATION AWARDED IN COURTS FOR DEATH OF A FLOWER VENDOR 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:

Arriving compensation in case of death of a flower vendor is discussed in Karthika V P.Chandran (Krishnan Ramasamy, J) 2019 (2) TNMAC 758.

The deceased was aged 29 years at the time of accident, occupied  as flower vendor and  earning Rs. 1,000/per day as per claim. Tribunal fixing  notional income at Rs. 6500/ pm following apex court deision in syed sadiq – if proper  Apex court in syed sadiq fixed notional income at Rs.6500/pm for an accident that occurred in a year 2008 – Accident in instant case occurred in year 2015 – in view of increase in cost of living held, it is appropriate to fix notional income at Rs.9000/pm. Following apex court in pranay sethi, 40% added towards future prospects – monthly income thus fixed at Rs.Rs.12,600/ (Rs.9000 + 3600) – considering the number of claimants / dependants ie. 4, ¼ deducted towards personal expenses (9000 + 3600 ( 9000 x 40%) – ¼  = Rs.9,450 pm)– Applying multiplier of 17, loss of income awarded at Rs.19,27,800/ (9450 x 12 x 17) as against Rs.14,91,240/ awarded by the tribunal.

Loss of income                                                   ---                               Rs. 19,27,800/

(9450 x 12 x 17)

Loss of estate                                                     ---                               Rs.       15,000/

Funeral expenses                                              ---                                Rs.      15,000/

Loss of consortium                                           ---                              Rs.       40,000/

For transportation                                            ---                                 Rs     10,000/

For loss of love & affection                             ---                             Rs      1,50,000/

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Total                                                                     ---                               Rs. 21,57,800/

Rounded to                                                         ---                               Rs. 21,60,000/

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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.