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janakiram (officer)     28 July 2018

Motor accident third party claim

Sir, I would like to have clarification on Motor Third party claim.  Deceased, aged 58, was working in Panchayat Raj.  Deceased is Widower.   He has three sons and two daughters.  One daughter is widow and depending on her father's income.  Other three sons and daughter are married and earning on their own.   They all filed petition in Court of Law.  Hon'ble Court has arrived amount by taking last drawn salary and future income.  While calculating living expenses of deceased, it has deducted 1/3rd amount.   My query is that since only one widow daughter is depending on her father, livings expenses need to be deducted 50% instead of 1/3. Kindly clarify with case laws.

Thank & regards



Learning

 1 Replies

Isaac Gabriel (Advocate)     23 September 2018

Unless the judgement is seen, no opinion could be given


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