Motor accident claims

Querist : Anonymous (Querist) 03 December 2020 This query is : Resolved
Hon'ble Court awarded claim amount of 43 lakhs in motor accident compensation. the petitioners only child (son) met with accident and claim was awarded in october 2019. As per judgment 75% of compensation to be paid immediately and remaining 25% to be kept in Fixed deposit. Though insurance company deposited the awarded amount due to corona pandemic situation 75% of the amount was paid to the petitioners after 9 months credit of amount by insurance company. After 3 months of payment of 75% of the amount, the petitioners who are 66 years old (father & mother of the deceased) claimed for remaining 25% of the claim on health grounds which is actually due in October 2021 as per judgment. Their petition on health grounds is not allowed and they have to wait till October 2021. Here advocate argued that they don't have legal heirs, they are 66 years old and moreover mother underwent surgery few years back and father is having neural problem and both are under continuous medication for the rest of their life. if this 25% amount is allowed now they can take care of their health and other things for rest of their life. Humble request to all experts to suggest grounds for claiming 25% amount and elucidate if any guidelines are there from Apex Court.

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Parents of a deceased accident victim were awarded £43 lakh in compensation, with 75% paid immediately and 25% to be held in fixed deposit until October 2021. Despite the insurance company depositing the funds, the 75% payment was delayed by nine months due to the pandemic. The parents, aged 66 and facing significant health problems, are requesting early access to the remaining 25% for medical expenses and lifelong care, but their petition has been denied. They are seeking expert advice on grounds for claiming this balance amount sooner and any relevant Supreme Court guidelines.

Isaac Gabriel (Expert) 03 December 2020
You have stated that they are not legal heirs.In such situation how claim could be filed for the balance amount.Double chexk with councel.

Rajendra K Goyal (Expert) 04 December 2020
Repeated query:

https://www.lawyersclubindia.com/experts/motor-accident-claims-724846.asp

https://www.lawyersclubindia.com/experts/motor-accident-claims-724836.asp

https://www.lawyersclubindia.com/experts/motor-accident-claims-724831.asp

https://www.lawyersclubindia.com/experts/motor-accident-claims-724826.asp

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