Compensation claim for death

venkatesh (Querist) 17 May 2018 This query is : Resolved
hi,
in accident between two wheeler and ksrtc GVT bus, but two wheeler on spot death in his age 29 , he dont have driving licencs and vehical insurance not there and dependent are wife age(25) and on childe(5) and his mother(60) and father(65) but agriculture land 4 acre

for this how much compensation claim against to KSRTC(govt) and on what bases calculation

pl suggest me

venkatesh

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Ms.Usha Kapoor (Expert) 18 May 2018
A. In the case where the fault of the driver is not proved, the legal heirs of the deceased are entitled to no fault liability which is presently fixed at Rs. 50,000/- . In case the death has occurred due to the fault of the driver the compensation is calculated on the basis of the life expectancy of the deceased multiplied by his income. The income for the purposes of this calculation is 50% of the actual income which deceased used to receive as the rest is deducted as the self expenditure. The state of the health of the deceased and his past health record is also taken into consideration while deciding the compensation. Wife along with the children of the deceased can file a case with Motor Accident Claim Tribunal to claim the compensation.

Sudhir Kumar, Advocate (Expert) 18 May 2018
contact lawyers specilising in MACT cases.

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T. Kalaiselvan, Advocate (Expert) 19 May 2018
The government buses are generally not insured hence the compensation has to be given by the transport corporation only.

However the claim will depend on the age, profession, earning capacity of the deceased who is reported to have died in the accident.

The deceased is reported to have no licence hence the claim's admissibility may be under doubt

You can contact an advocate (if not contacted so far) dealing with MACT cases alone who will be able to guide you properly in this regard..

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venkatesh (Querist) 22 January 2021
dear sir,

Thanks for valuable suggesstion

Guest (Expert) 22 January 2021
Better Late than Never.

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