MACT Claim regarding father died in road accident
ravi juneja
(Querist) 24 September 2010
This query is : Resolved
Sir,
My father died on 05.11.2008 in road accident at Chandigarh.
He was earning Rs 45000/- p/m being a govt of india employee.
My mother died before my father accident on 04.08.2008.
The only legal heirs are both sons who are in job.
We file the case at local courts and the court in judgement held driver guilty and awarded just Rs 55000/- in MACT citing reason that both sons are serving in job.
Now tell me that is the reason cited is justified as what i learnt the multipler should be around 8 or 10 on take home annual salary i.e. 300000x8= 24 Lacs minimum. but i m totally shocked with the judgement.
It is requested to kindly provide me the guidance that should i approach High court for setting aside of award.
Is it not shocking that one side mear a pillar fall in CWG at delhi award 300000 to workers by high court and in my case a deceased compensation is mere 55000/-
Sir I need the judgement of the case of southren indian high court in which the married daughters settled abroad is also eligible for MACT, which citation is helpful for me in my present case.
Khaleel Ahmed Mohammed
(Expert) 24 September 2010
You are advised to file appeal against the Judgement and decree passed by the trial court.
R.Ranganathan
(Expert) 24 September 2010
You have a very good case. Something is wrong in your case. The courts will ordinary award compensation based on the multiplier factor only. So immediately go in for an appeal through a senior counsel practicing in the accident claims.
Rajeev kulshreshtha
(Expert) 24 September 2010
You can file appeal but in MACT cases the dependency on deceased have to proved.
Arvind Singh Chauhan
(Expert) 24 September 2010
Learned judge has given you reasonable grounds for appeal.
ravi juneja
(Querist) 25 September 2010
Sir,
I wish to get the reference of recent judgement on Indian court in which the court awarded the MACT to married daughters of the deceased in southren india.
can i get the judgement reference please, which help me in my father case
s.subramanian
(Expert) 25 September 2010
I agree with the above views.
adv. rajeev ( rajoo )
(Expert) 24 September 2010
