Motor accident
puja mohan
(Querist) 12 March 2012
This query is : Resolved
One of my family member died, while travelling through a bus. Bus met with an accident and fell into a pond. My relative was working as a school teacher (state govt. employee) and was also running his shop with the help of two executives. Few income from agricultural land. Left behind - Wife and two young children and old mother was dependent on him. Two more brothers but living apart.
Kindly advice:
1. Pls. suggest the important things must be considered while filing a case.
2. Limitation period for filing the case.
3. what incomes of the deceased can be taken for making the claim.
Kiran Kumar
(Expert) 12 March 2012
Let your lawyer handle with these professional aspects while filing a case...better visit some local lawyer and state him the actual facts of the matter and the relevant documents.
Sudhir Kumar, Advocate
(Expert) 12 March 2012
deceased was a state govt employee. His shop income is perhps not recorded in income tax. SO that cannot be counted. Income from agriculture does not cease when he died. It appears that while in service he cannot cultivate himself and must be giving land on lease (if permitted in the state) and the same can now also be done.
Only his salary (minus family pension) given to wife is to be counted.
The dependancy of bothers living apart is doubtful to be accepted because if living apart they may not be actually dependent. They may be having a family of their own and may be just fleecing some money out of him (unless they are students as your blog doe snot give any description).
You have also to count the age of the deceased because the future earning capacity is dependent on the current cage at the time of death.
PARTHA P BORBORA
(Expert) 12 March 2012
you may file a case before the local motor accident claims tribunal claiming compensation. Show the actual income of a govt teacher. To do so please collect the police report. As a death case you are entitle to get rs. 50000 initially and the final compensation shall be paid after completion of the trial.
Shonee Kapoor
(Expert) 12 March 2012
File a case under MACT.
State the complete facts and his income particulars.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
SANTOSH CHOUDHARY
(Expert) 14 March 2012
There is no limitation period for filing Motor Accident claim cases. The dependants of the deceased could file claim before the Motor Accident claim Tribunal where the accident happened or where the claimants resides. To file claim petition first collect the criminal case papers of the accident and collect record of the income of the deceased. Brother would not be treated as dependants of the deceased unless and untill proved. It would be better to hire any local advocate practicing in this field to file the claim.
