Accident case

Assistant Manager HR


Respected recipient,

Kindly help pertaining claim amount/ amount calculation details/ required evidences etc to be paid by the insurance company to the dependents if a person died in a rode accident at the age of 54 years.

Other details are given below:

Place of accident: Kanpur (Uttar Predesh)

Date of accident: 01 - April - 2010

Age of dead person: 54 yrs

Occupation: Business

Dependents: Wife (house wife) & 25 yrs old unemployed son

Monthly income: 13000 (no bank A/c & PAN card available)

The person had no health as per postmortem report. He was going by cycle and a high speed van hit him from the front. The person died on the spot due to brain hemorrhage.

Kindly suggest the best ways/ laws which can help these dependents to get good claim amount so that these people can don’t need to rely on anyone else.



Assistant Manager HR

I have not yet received any reply on my query, can any generous person please take the pain to reply?



After perusal of brief facts of your case, I would like to suggest you that in the event deceased was a business man and had a established business, you must lead concrete evidence in order to prove the monthly income of deceased.In absence of any definite proof of income, Tribunal may not be in a poisition to estimate the monthly income to the extent of Rs.13,000/-as pleaded by you.Assuming that deceased was earning Rs.13000/-per month from his business, then after deducting 1/3rd of income on account of personal expenses of deceased, the monthly dependency would come to Rs.9000/-and yeraly loss of deopendency to Rs.108000/-The age of deceased was 54 years, thus yearly loss of dependency multiplied by appropriate multplier of 9 after scalling down, the claimants can be held entitled to Rs.972000/-plus Rs.15000/-as funeral expenses and loss of consortium.Total compensation =Rs.987000/-However, it would be advisable to prove the income by way of definite, reliable and cogent evidence since deceased was a business man and Claims Tribunal in absence of any material proof on record cannot estimate the monthly income of deceased to the extent of Rs.13000/-and in absence of evidence monthly income of deceased can be estimated as per minimum wages applicable.

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Assistant Manager HR

Thanks very much MR Dhar!


Yes, I've many bills of my shop which prove that there was a good amount of transaction/ purchase from wholesalers. Moreover, I have  some LIC of my mother (house wife) worth 35000 per year, my travel expenses in form of electronic rail tickets 2000 per year, annual fees of my MBA 16000 per year etc. Would it suffice? 

Assistant Manager HR

I've put the usual bills of shop purchase in last some years. Now after a year my advocate is suggesting that the case is not very good and the claim amount would be close to 2 LK only and suggesting to settle the case outside the court. I suspect the intention as the bills produced by us are showing approx. 20000 Rs. purchase for shop every alternate month.

Please show the correct action for us now!




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