Motor vehicle accident claim for deceased of 2 persons
Ravi
(Querist) 05 April 2015
This query is : Resolved
My parents passed away in road accident in 2012, so we filed case in the Bijapur district court to avail compensation.
Case scenarios:
1. My Father(age=60 at the time of death)was retired state govt servant and was earning Rs 19000/m pension and after death pension revised due to the revision salary. According to the new salary scale, pension revised to Rs 30,000/m.
2. Mother(age=45 at the time of death) was home maker.
3. 4 dependents(daughter-27 Married, son-27 unmarried at the time of death and now married, son 24-working and was studying at the time of death, mother-80 Passed away and was alive at the time of death) and all ages are current ages.
Judgement was made on 2015 Feb from Bijapur court:
1. Awarded 15L and only 60K is for heirs and remaining is for mother of my father but she is not live and as per court still she is alive.
2. Award was made by considering half of the non revised pension(19000) reasoning deduction of personnel and living expenses of deceased. so considered amount is only 9500/m. But the revised pension is 30000 and we have received the remaining amount as arrears from the state govt.
3. As we are major and court saying that we are not depending on our father's income. But at the time of death I was still studying and my brother was jobless and we were completely dependent on our father salary only.
4. Court saying that there is no loss of future prospects to the family, so no question arises for future prospects loss. But I say our father was about to get a revised pension which 30000/m and I lost my further education due to lack of money and mental shock.
My queries?
1. Please tell me whether I can take up this to High court?
2. If yes, then whether I will get better compensation and results than the district court.
3. If yes, what will be the average compensation?
4. What are all the strong points we can take up to high court?
pls reply sir if you need any further details and pls answer reply about this case.
Ravi
(Querist) 05 April 2015
I have attached the order copy, pls reply specifically.
Ravi
(Querist) 05 April 2015
I have attached the order copy, pls reply specifically.
Sudhir Kumar, Advocate
(Expert) 05 April 2015
given facts indicate that the judgement is correct. You are not dependents and have suffered only mental trauma and not loss of living because of the death.
In case the court has erred in holding that your mother is alive then it is for opposite party to appeal. Even if they do not appeal you cannot avail any benefit in this regard as you know that she is dead.
You can consult your lawyer to appeal for enhanced the compensation for mental trauma and see if the expected increase is worth further litigation.
Ravi
(Querist) 05 April 2015
@ Mr. Sudhir Kumar,
But at the time of death I was still studying and my brother was jobless and we were completely dependent on our father pension only.
When my father was alive, he was receiving pension 19000/m, and after death salary revised and revision of salary is wef 01/2011; so pension also revised to 30000/m and we heirs received the remaining salary and pension as arrears from the state govt. This means, we recived the difference amount 11000/m (30000-19000) as arrears.
And court doesnt even have the common sense that bcoz of above facts we received the full pension amount of 30000 and in order court said it has considered 19000 as pension and not 30000, bcoz we have not received that amount of pension. Such simple fact of calcution is it, and Mr. Sudhir your saying that judgement is correct?.........
Sir need your valuable suggestions for the above points...
Rajendra K Goyal
(Expert) 10 April 2015
Consult senior lawyer and show him all the documents.
