Motor accidents
janakiram
(Querist) 05 August 2018
This query is : Open
If deceased is widower and his sons and daughters ( total no. 5 ) are earning on their own except one daughter who is widow and depending on his father. Kindly advise how much should be deducted for living expenses (1/2, 1/3, 1/4 ). If they ( sons and daughters ) file petition, whether they are considered as dependents or legal heirs. Pl clarify.
Dr J C Vashista
(Expert) 05 August 2018
It is not the question of dependency but legal representatives of deceased to get share as decided by MACT.
janakiram
(Querist) 05 August 2018
Sir
Thank you very much for clarification. In this instance case, Hon'ble Court has given judgment saying that 1/4 of his income would be reduced towards living expenses and balance amount would be distributed to petitioners. Since only his widow daughter is depending on his income, so fraction is to be applied as 1/3 ( instead of 1/4 ) towards living expenses from deceased father's income.( Sarla verma case )
Asgher Mahdi
(Expert) 06 August 2018
Dear Janakiram, did you sure about the pronounced court judgment would have questioned in different way as the court has adjudged as kindly would you give your opinion? Now, with your query it seems that you want to check up the lawyers knowledge i believe. Any how, you got satisfactory answer by one of our forum member. Since, I ask you never testify or query the answer you know but ask those query if you are not aware of it. Hope done, I have not hurt you. Thanks.
janakiram
(Querist) 07 August 2018
Dr Vashista, Thank you for your clarification.
janakiram
(Querist) 07 August 2018
Mr. Asgher Mahdi, My intention is to clarify my doubt but not testing knowledge of others. Since I am working for insurance company, I should see my outgo. In the present case, for example, notional income worked out ( considering deceased salary and his future prospects ) Rs. 300000/-. Proportion of living expenses need to be reduced from notional amount. If we take out 1/3rd as living expenses, decree amount would be Rs.2 lakhs and if it is 1/4th, Rs.225000/-. Decree amount ( either Rs.2 lakhs or Rs.2.25 lakhs)will be distributed among legal representatives as pronounced by MACT. What is appropriate factor for calculating living expenses in above case.
