Mcop case - ex- party closure - amount of compensation
mani vel
(Querist) 29 October 2022
This query is : Resolved
Dear Sir/Madam,
Since 2018, I have pending MCOP case in Taluk court with Subordinate Judge in TamilNadu. My dad met with accident in Nov 2017 and case filed in 2018. There is no representation from Insurance company side and so , every time the case will postponed to succeeding month for next hearing and remarked as "Ex-Parte Evidence" , It continued for 3 years as "Ex-Parte" and we stressed our lawyer to request the court to close it as Ex-Parte. But our lawyers shows Interest to go for One time settlement with the IFFCO Tokyo Insurance company. Since, the Insurance Company was ready to pay only Rs.2,50,000/- we didn't accept their proposal. After a long struggle with our lawyers , they submitted Ex-parte Evidence and now the status of the case shows as "ORDER" and next hearing ( ex parte order date ) will be 31/10/2022. My queries are :
1. We have demanded 50 Lakhs as compensation in the Affidavit with court. Since the court is about to pronounce its order as Ex_Parte closure on 31 Oct 2022, can I get the order for 50 lakhs or reduced amount ?
2. If once, the case has been closed for Ex-Parte, for sure Insurance Company will request the court and the court will re-open the case? AM I need to do anything from my part to expedite the case during the time of re-opening ?
3. My dad age is 68 as on Nov 2017 and he is not an income tax assessee, Agricultural Income is only source of Income. What would be the minimum and maximum compensation I can expect normally for MCOP ?
4. Do we have any recent case laws with higher amount awarded for MCOP Case ? can I refer the same for my MCOP during appeal If I am not satisfied with Taluk court final Judgement?
5.I have spent around 1 Lakhs for hospital medical treatment during the admission. Can I claim it separately from Insurance company as addition to Compensation ? or will it be included in the threshold of MCOP compensation limit ?
Thanks id Advance for your reply
kavksatyanarayana
(Expert) 29 October 2022
It depends on the merits and demerits of the case.
Dr J C Vashista
(Expert) 30 October 2022
What do you mean by term "MCOP"?
Is it motor accident claim petition.
mani vel
(Querist) 30 October 2022
motor claims original petition (MCOP), Yes sir, It's Motor Accident Claim Petition.. Awaiting reply for my queries, Thanks
Dr J C Vashista
(Expert) 31 October 2022
Question-wise answer is as under:
Q 1. We have demanded 50 Lakhs as compensation in the Affidavit with court. Since the court is about to pronounce its order as Ex_Parte closure on 31 Oct 2022, can I get the order for 50 lakhs or reduced amount ?
Ans: The amount of award shall be decided on the basis of multiplier (formula) existing on the subject which depends upon various factors such as age, income, status of victim, type of injury suffered by victim, amount spent for the treatment / attendant / special diet for recovery of victim, loss of income of the victim etc. which can be explained by your lawyer. However, the Tribunal will not consider as to how much did you claim.
Q 2. If once, the case has been closed for Ex-Parte, for sure Insurance Company will request the court and the court will re-open the case? AM I need to do anything from my part to expedite the case during the time of re-opening ?
Ans: When the case is decided / closed as "ex-parte"the respondent can reopen within limitation, if they have not been served properly.
At present it is your presumption only, which you should forgo.
Q 3. My dad age is 68 as on Nov 2017 and he is not an income tax assessee, Agricultural Income is only source of Income. What would be the minimum and maximum compensation I can expect normally for MCOP ?
Ans: If the victim has "no" or "less" source of income his / her (victim's) income shall be considered and computed on the rates of Minimum Wages Act (State legislation) as applicable on the date of accident.
Q 4. Do we have any recent case laws with higher amount awarded for MCOP Case ? can I refer the same for my MCOP during appeal If I am not satisfied with Taluk court final Judgement?
Ans: Case law has to be researched on the specific legal ground raised in appeal when order / judgment / award passed by Motor Accidents Claim Tribunal is assailed and argued before High Court, hence your question is premature at this stage.
Q 5.I have spent around 1 Lakhs for hospital medical treatment during the admission. Can I claim it separately from Insurance company as addition to Compensation ? or will it be included in the threshold of MCOP compensation limit ?
Ans: The Motor Accidents Claim Tribunal shall consider and include the amount of treatment in its award.
Thanks and best wishes
mani vel
(Querist) 31 October 2022
Dear Vashista Ji, Thanks for investing your time in answering my query. I know most of my above queries are pre matured, but as a son to my mother, I am trying to do some financial back up for her & I believe this MCOP compensation fund may helpful for her future. Almost it's 5 years over and still our lawyers are showing interest to go for settlement with that Insurance company. I don't know the actual reason behind it. Anyhow thanks once again to understand the need behind my queries sir.. Manivel ( manivel.atr@gmail.com)
Dr J C Vashista
(Expert) 01 November 2022
You are most welcome Mr. Mani Vel.
If you are not satisfied with the opinion, advise and / or performance of your lawyer you should discontinue him / her and engage a new local prudent lawyer with whom you have faith.
