Motor accident claims
Querist :
Anonymous
(Querist) 03 December 2020
This query is : Resolved
Hon'ble Court awarded claim amount of 43 lakhs in motor accident compensation. the petitioners only child (son) met with accident and claim was awarded in october 2019. As per judgment 75% of compensation to be paid immediately and remaining 25% to be kept in Fixed deposit. Though insurance company deposited the awarded amount due to corona pandemic situation 75% of the amount was paid to the petitioners after 9 months credit of amount by insurance company. After 3 months of payment of 75% of the amount, the petitioners who are 66 years old (father & mother of the deceased) claimed for remaining 25% of the claim on health grounds which is actually due in October 2021 as per judgment. Their petition on health grounds is not allowed and they have to wait till October 2021. Here advocate argued that they don't have legal heirs, they are 66 years old and moreover mother underwent surgery few years back and father is having neural problem and both are under continuous medication for the rest of their life. if this 25% amount is allowed now they can take care of their health and other things for rest of their life. Humble request to all experts to suggest grounds for claiming 25% amount and elucidate if any guidelines are there from Apex Court or any previous cases relevant to this.
Rajendra K Goyal
(Expert) 04 December 2020
Repeated query:
https://www.lawyersclubindia.com/experts/motor-accident-claims-724846.asp
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