AMOUNT OF COMPENSATION
AWARDED IN COURTS FOR DEATH OF A PERSON AGED 70 YEARS 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 person aged 70 years is discussed in Vallimuthu. Vs V.Udhayasuriyan (died) (V.M.Velumani.J) 2020
(1) TNMAC 653.
The deceased was aged 70 years at the
time of accident, occupied as doing blue
metal business and earning Rs. 5,000/per
day as per claim. Notional income of Rs4000/pm is taken, 1/3 of the income has
been deducted for his personal expenses, Applying multiplier of 5, loss of
income awarded at Rs.1,60,000/ (4000 x 12 x 5 x 2/3).
Loss of income
---
Rs. 1,60,000/
Medical expenses
---
Rs. 1,48,023/
Loss of estate --- Rs. 15,000/
Funeral expenses
---
Rs. 20,000/
For loss of love & affection --- Rs 50,000/
--------------------
Total
---
Rs. 3,93,023/
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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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