Dependency calculation in road accident case.
J K Agrawal
(Querist) 17 February 2015
This query is : Resolved
Dear Sirs
In a case, in a road accident X, his wife and 2 daughters died, 2 sons survived.
I represent the case on behalf of insurance company and I want say that while calculating compensation due to death of Mr X, the entire compensation amount, as calculated ordinarily, should be computed but as 3 dependants also died so the remaining sons should be entitle to only 1/5 each of entire computed amount.
Please guide me if I am right?
I will be much obliged if you suggest any citation in favour of me or against me.
Obliged.
P. Venu
(Expert) 18 February 2015
There were only two dependents when the cause of action arose.
Rajendra K Goyal
(Expert) 18 February 2015
Insurance company has to pay full compensation, any dispute among the beneficiaries to be dealt by them.
malipeddi jaggarao
(Expert) 18 February 2015
When the compensation is calculated? Only on the death. When there are only two survivors, how can you include the dead persons as dependents? I agree with the advice of Mr.P.Venu.
J K Agrawal
(Querist) 18 February 2015
Dear Sirs
Thanks for guidance.
regards
T. Kalaiselvan, Advocate
(Expert) 19 February 2015
The dead persons cannot be included as dependent of the deceased X so there is no logic in your question about 1/5th share to the surviving sons.
