claim petition us 163 A of MV Act ,income of petitioner above 40000/- P.a.
vinod bansal
(Querist) 09 January 2011
This query is : Resolved
R/Experts
claim Petition us 163 A of MV Act by a person earning Rs. 40000/- Per Annum is maintainable or not.(Income is pleaded in petition as Rs. 10000/- per month itself by the petitioner)Kindly suggest.Thanks
Raj Kumar Makkad
(Expert) 09 January 2011
The income of the petitioner has nothing to do in MACT petition. The income of the deceased o injured is taken into consideration while computing the compensation. If the petitioner is inured person then his income loss shall be duly taken into consideration.
V.V.RAMDAS
(Expert) 10 January 2011
Dear vinod,
if the income of the injured/decesed is more than Rs 40000/- than it is not applicable and he/she can only entitle for Rs.50,000/-only as no fault claim. If earns 40000/- than the claim can be allowed as per the first shedule.Further I would like to clarify that 163A is maintanable when there is fault by the driver-cum-injured or decsesed. in 166 M.V proceeding one has to prove rash and negligence driving of the driver of offending vehicle.See for details- 2010(3)T.A.C., 252(karnataka) oriental insurance vs. SharadaG & others.
