accident case
G.Gomathinayagam
(Querist) 13 January 2011
This query is : Resolved
My father in law who was 65 years and my mother in law who was 63 years met an accident and died on the spot on 27.01.2009.My father in law was a retired Railway employee, was getting Rs10,875/month as a pension.My wife is the only legal heir for them.She had studied only up to VII std. She has applied compensation in Tirunelveli district court.When my father in law case was in trail, she was told by the insurance company that, she will get RS1,00,00/-as the maximum compensation amount.She had inadvertently accepted for the same in front of magistrate.Since it was accepted it is expected, the judgment will also be inline with that.It is seen that as per the recent SC judgments, the compensation worked out as per the multiplier system for my father in law case, it works out to Rs4.50lakhs whereas she has accepted for Rs 1lakh.She has not received the amount.Since the accepted amount is very less, we wish to appeal.Kindly advice what we have to do for appealing.whether it is possible to appeal in the same court for reconsideration.We eagerly looking for your valuable advice.And also my mother in law case is yet to come for trail.She was the house wife and she was totally depending on my father in law's pension.How much my wife can expect the compensation worked out based on her deceased father's pension amount for her deceased mother.She had lost both of her parents in the accident in the same day and proper compensation amount also she has not got even after two years, we are totally feel bad.Kindly give your valuable advice to get reasonable compensation from insurance company. Thanking you.
Arvind Singh Chauhan
(Expert) 13 January 2011
Really amount of Rs 10000/- is very meager amount. The proceeding as you have discussed above was held in LOK ADALAT, There is no right to appeal. But if your wife has consented at ordinary proceeding has not filed any affidavit of such nature, she should not receive the amount and she may file appeal on the ground that she gave her consent on wrong advice of any body or under undue influence.
G. ARAVINTHAN
(Expert) 13 January 2011
Since she agreed for Rs One Lakh in Lok adalat, the matter is settled and there is no appeal.
However, if you think it as low, she can approach a civil court and can file a suit for nullification of the award passed in Lok Adalat, as the company, without stating her the legal propositions and to setaside and restore the case in MACTOP.
But chances are too low
Amit Minocha
(Expert) 14 January 2011
Lok adalat matter are not allowed appeal. If it is was in routine trial then an application can be moved.
