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Amit Kumar Choudhary (Engineer)     24 January 2014

Accidental Death Claim of a Bank employee

A person Rakesh Shrivastav, 28 yrs. deputy manager in a hdfc bank mets with an accident and lost his life. His parents are the sole dependantsa aged 45 & 54, as he was unmarried. At the time of accident he was earning Rs. 35000 as a salary. Can anyone please suggest on the following matters: 1. How much the third party insurance claim becomes. As the court have ordered for Rs.16 lacs. Is this the right amount according to calculations? 2. HDFC Bank paid only 1 yrs salary in advance. And nothing else. Was that a fair amount as he died during the working hour? please leave your valuable suggestion.


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 3 Replies

Laxmi Kant Joshi (Advocate )     24 January 2014

Amit how court had calculated it 16 lacs as per my calculation it should be 56,84,500/- , calculation is as - salary rs -35000 p.m , expenses towards monthly use 1/4 of 35000 =8750 , after detection remaining salary in hand = 35000-8750= 26250 p.m , yearly saving 2625012= 3,15000 p.a 18 multiplier= 56,70,000/- , funeral expenses =2000, loss of E state =2,500 , pain and suffering =10,000/- total claim = rs. 56,84,500 . make an appeal in the highcout .

Amit Kumar Choudhary (Engineer)     24 January 2014

Thank you for the reply. I suggested the same to his parent too. Because by knowing such amount I also felt suspicious. But when I talked with their lawyers they pointed out that the reason of being unmarried is the main cause of such an amount. So, can you please explain me a little, are they telling the truth? His parents are only dependent on his income. He have an unmarried sister, but she is also an MBA graduate and is a banker too. So, in right sense she is not dependent on him. But now with this amount his dad is in worry as how to get their daughter married? And how they will survive? Please explain me in a little elaborate way so that I can convince his dad to go to high court for justice. Also, please suggest me in the second matter. Thank you.

Laxmi Kant Joshi (Advocate )     24 January 2014

Amit i give you exact amount which i have calculated by the well settled formula given by the supreme court , you may contact any local advocate of your area and calculate the same and after satisfaction be quick because there is a limitation period before that you have to file the appeal in the high court .

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