Narender kumar (Advocate) 26 March 2009

Question aboutMotor accident award

Dear Respected all,

I am an advocate in a MACT case. In this case deceased aged 62 yrs was earning Rs.43000/ Monthly as Head of the department in a degree college.His retirement was going to be held after three months & after retirement he was going to join a private college's director on salery Rs. 60,000/ month+Pension of his last service. In this type of case what are the recent rulings of supereme court & what should be the award in this particular case in your view. Please write as early as possible. Thanking you all.

Advocate Narender Kumar

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5 Replies

Swami Sadashiva Brahmendra Sar (Nil) 26 March 2009

Normally the compentation is awarded on the structured formula providedunder second shedule of MV Act. acording to this compensation in your case will be assesed @ 5 years income of deseased.

however, this schedule is a guiding and not binding one in fault based claims. it is binding in cases where fault is not pleaded / proved.

Swami Sadashiva Brahmendra Sar (Nil) 26 March 2009

therefore , you may clim even more than 5 years income acording to health, family history of life longavity, and other circumstances of case.

Dr. V.N. Tripathi email: dr.vntripathi@yahoo.com ; mob. 9839527421 ph 0532-2545245

Rajneesh Malhotra (Advocate) 27 March 2009

1. its only a presumption that he was going to join some college or that he would earn after retirement. So no compensation can be granted for that.

2. However if he was to get pension, please check that amount and call the concerned college in evidence to prove the same. Or his earning will be taken that of an educated/ skilled person after retirement.

3. For the remaining period of 3 years.>> Dependency be taken at appor 28666/- (after deducting 1/3) and for 3 yrs.

Therefeore >.28666*3*12 =1031976

4.For period after pension>>(Pension -one third)* multiplier of 5 * 12 =

5. Its a simple case of calculation and does not need ant judgment in support. Please check the Second Schedule of Motor Vehicle Act for the calculations done above.

Swami Sadashiva Brahmendra Sar (Nil) 27 March 2009

mr. malhotra's suppliment is correct.

Kiran Kumar (Lawyer) 27 March 2009

Mr. Malhotra has given a systematic reply....one thing i must add even the multipliers provided in the schedule can vary as according to the circumstances.