Compensation for death by accident
Guest
(Querist) 04 March 2012
This query is : Resolved
NOK of the Passengers abroad AI flight that crashed was paid 75 lakhs each.A street urgin in a Hit & Run case in a bombay road is given less than a lakh.What is the exact rule and why all are not equal before law for one life one compensation? Is the law inclined?
Guest
(Expert) 04 March 2012
Just think, if all the fingers of your hand are equal in size? Also think, if an aeroplane with exceptionally high speed in suspended motion in air can be equated for safety measures and cost of travelling, urgency to reach destination, etc., with a motor vehicle running on a solid frictional ground with much less speed, need for lesser cautions, much more effective safety controls and measures, etc.?
Guest
(Expert) 04 March 2012
Thanks for your compliments, Mr. Rajoo.
H. S. Thukral
(Expert) 04 March 2012
In a Hit and run case since the offending vehicle can not be found the liability on the offender or the insurer can not be fastened. State pays from a corpus. Law has not changed for the last decade and such compensation stands at Rs. 25000/ in case of death. But if the offending vehicle could be found the victim gets compensation on a definite formula and has sometimes run into crores. The MV Act is being amended now to enhance the compensation in hit and run cases to one lakh.
In a plane the passengers are properly insured. It is not the state who has to pay.
(I suggest some restraint on so called experts while replying to queries.)
prabhakar singh
(Expert) 04 March 2012
I agree only and only with Mr.Harbhajan Singh Thukral who only here before has stated the correct position of law.I also second to his suggestions given to so called experts .
Guest
(Querist) 04 March 2012
Many thanks to Sri Harbhajan for the info. Can I get some idea about the definite formula on the basis of accident victims/their NOK are compensated ?
Are the proper ticket holders in a train is also insured? or is it mandatory only for fliers being considered a high cost travel?
H. S. Thukral
(Expert) 04 March 2012
While deciding the compensation earnings of the victim/age etc. are main relevant factors.
Raj Kumar Makkad
(Expert) 04 March 2012
Train passengers are also insured and in the case of accident, such passengers or their legal heirs may claim compensation from GOI, Ministry of Railway.
Murali Krishna
(Expert) 05 March 2012
There is no passenger insurence scheme on Railways. Same has been stopped since Sept 2008. There is no insurence component on Ticket. The amount of compensation (Rs.4,00,000 Max for death) is paid by Railways from its coffers on adjudication by the Railway Claims Tribunal.
Guest
(Querist) 05 March 2012
Why is it so ? What are the arguments by the govt of India in this matter? Is this beneficial or drain to the govt of India? And who all are involved( in the absence of insurance agents)in deciding compensations in so many accidents?
Guest
(Expert) 06 March 2012
Mr. Haridas,
About your latest query about, "Why is it so ? What are the arguments by the govt of India in this matter?" I don't think any of the experts in this forum would be a spokesman on behalf of the Government of India. So, it would be better, if you please pose such a query to the Railways Ministry or the Transport Ministry of India.
Guest
(Querist) 01 June 2012
Everybody loves the Statuesque except when his/her own client is involved. Incredible Indians.
