compensation for death on motor vehicle accident
Querist :
Anonymous
(Querist) 25 May 2011
This query is : Resolved
My father in law was a retire central govt employee getting family pension.My father in law and my mother in law , both of them met with an road accident and died on the spot on 27.01.2009.My wife is the only legal heir for them. The case is under trial.Since both of them died simultaneously, it is not known that how the income of will be arrived for my mother in law case.Whether the 50% of my father in law pension amount will be considered as my mother in law income or only notional in come will be considered.Kindly give legal guidance to arrive the income for my mother in law
Querist :
Anonymous
(Querist) 26 May 2011
Thank you for giving the reply sir. But still I am not clear.Actually my doubt is , since my father in law and my mother in law died simultaneously at the accident, how the income of my mother in law will be arrived.As per pension rule after the death of person , his wife will get 50% pension amount.Since both of them died at the same time, whether Any guideline or any rule is there to arrive the income of my mother in law.Kindly give guidelines.
Thanking you , G.Gomathinayagam
Guest
(Expert) 27 May 2011
First of all, since you have stated that your father in law was a central Government servant. Secondly you stated that he was receiving family pension. Thirdly, you stated that he died along with your mother in law due to road accident. The first and 3rd things do not match with family pension. Your father would have been getting his own retired pension and your mother in law would be entitled to family pension after his death only.
So, please clear the issue whether your father-in-law was getting his own retirement pension and in what way he was concerned with any type of family pension so that the correct solution to your question may be provided.
