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Sanyam Malhotra (Advocate)     24 February 2011

MACT case

in a motor accident claims case. application filed u/s 166 of motor vehicles act claiming compensation from insurance co. if compensation is to be paid as per multiplier method. but the deceased were on a contractual job, not a permanent one. so can multiplier method for computing compensation be applied without any hindrance??

secondly the deceased was permanently settled in kuwait. and came for holidays to india where he died in an accident. so while computing compensation payable, as he was eearning in kuwaiti dinars, exchange rate approx. @ 150rs for 1 K.Dinar. His annual income comes to around Rs. 40Lakhs (20800 dinar/year). and no income tax is payable in kuwait. income is totally tax free.

So when his salary is  in dinars. how is it to be converted to rupees and in what manner is the compensation payable to deceaseds family determinable?? meaning can compensation be awarded by converting foreign income to indian rupees??

And if as per the vehicle insurance policy, the insurer says that the max. liability of insurer is Rs. 1 lakh. Is this stand correct? Because as per multiplier method, compensation payable will be much higher, irrespective, whether he was earning in dinars or rupees. liability of rs. 1 lakh by insurer is too small.


Thanks. Please suggest.

 



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