Third pary claim in case of death as per motor vehicle act

jaideep (Querist) 30 March 2020 This query is : Resolved
dear expert ,My friend Gaurav aged 26 years old an M.B.A. student with is friend ayush coming to home by riding activa on 31/12/2017 Gaurav is riding activa suddenly loading auto coming from opposite side in high speed hit their active Gaurav died on the spot due to heavy injury in his head while ayush got multiple fracture in his hand and alive gaurav is only one son of his old father both his parents are senior citizen now they want to file case againt the loading auto for compensation please do needful so i can proceed in right manner

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Raj Kumar Makkad (Expert) 30 March 2020
Why the case has been got delayed by 2 years and about 3 months?

This petition before the Motor Accidents Tribunal was required to be filed soon after death. Though there is no delay clause but there is huge loss of interest amount on the compensation.

Engage a local lawyer, obtain certain documents like copy of FIR, residential proof of the petitioner (parents), income certificate, if any of deceased and as he was a student of MBA then his certificate of study etc., the copy of the challan, the copy of the iRC of offending vehcile (All these can be found even in copy of challan).

jaideep (Querist) 31 March 2020
actually they have lodged complain and also hire local advocate but till date no proceeding have been initiated by advocate when i went his home for casual meet his father told that whenever i asked about the case advocate did not answer them in satisfactory manner

KISHAN DUTT KALASKAR (Expert) 31 March 2020
Dear Sir,
If auto is insured then parents of Gaurav definitely get huge compensation if not insured it is very difficult to recover the award amount. Any way make claim petition before the concerned Motor Vehicles Tribunal(Court) by seeking condonation of delay. Take necessary steps to activate the legal proceedings.

Raj Kumar Makkad (Expert) 31 March 2020
Almost all courts are connected with e-court portal. It is very easy to trace out the case and its proceeding if no. of FIR, its date or the name of the parties, Court is available.

It shall be better if you personally talk with the said lawyer and enquire about the progress of the case. BUT all this can happen once country resumes its work normally after lock-down.

Raj Kumar Makkad (Expert) 31 March 2020
I want to add something in the advice of expert Krishan Dutt. If the offending vehicle is insured and the driver is having valid driving license then the liability to pay compensation shall though be jointly and severally but insurance company shall pay but if the same is either not insured or if insured but the driver is not having a valid license then the liability shall be of the driver and the owner jointly and severally.

Rajendra K Goyal (Expert) 31 March 2020
Search the e-portal of the related court for knowing the exact position of the case.
You were also injured, it seems you have not filed case for compensation, discuss with your lawyer.

Rajendra K Goyal (Expert) 31 March 2020
If the lawyer is not taking due interest, immediately change the lawyer. As his parents are senior citizen, they may prey the court for early hearing.

jaideep (Querist) 31 March 2020
Dear sir, while inquiry i come to know that loading auto is covered with 3rd party insurance and the driver of loading auto is dead.

jaideep (Querist) 31 March 2020
And how much amount we can claim from insurance company.for the damage caused to gaurav and his friend ayush, ayush is alive and before accident is working in infrastructure company as a junior engineer on a salary of 25000 per month but after accident he cannot work for almost 2 years and expenses of hospital is 250000/-aprox.

Rajendra K Goyal (Expert) 31 March 2020
Even if driver of Auto is dead, the claim of your friend and you can not finish. Search full proceeding online.

Rajendra K Goyal (Expert) 31 March 2020
Claim depends on so many grounds (age, work, earning, and many other factors) depends, discuss with some local lawyer, expert in MV Accident Claims, he would advice according to situation.

T. Kalaiselvan, Advocate (Expert) 31 March 2020
If you are told that their advocate is not responding properly or not informing the details of the case filed, since you are the friend of the deceased you may contact the advocate on your own interest and enquire the details and status of the case he has filed seeking compensation.
Without collecting proper details from your friend's father you cannot ask such questions here which is a fact known to your friend's father and the advocate.
He would have already filed the case before MACT, so you can come to know the amount claimed as compensation.
Hence you first contact the said advocate and collect the details of the case filed.
In case he has not filed any case for compensation so far, then you may arrange another advocate to take up this case.
The claim case is not barred by limitation.

T. Kalaiselvan, Advocate (Expert) 31 March 2020
The criminal case for the offences is different to that of the insurance compensation claim case, hence dont get confused by combining both the cases.
If you have posted this question to know that up to how much maximum amount can insurance claim be made as compensation then please be aware it depends on the fact of his employment, his age, number of dependents on him and few other aspects.

T. Kalaiselvan, Advocate (Expert) 31 March 2020
The government has amended the compensation amount payable for third-party fatal accidents and injury claims. According to the amendment made in Motor Vehicle Act, 1988 through notification dated May 22, 2018, the amount of compensation payable in case of death will be Rs five lakh. The amount payable as compensation has been decided keeping in view costs of living said the notification.

T. Kalaiselvan, Advocate (Expert) 31 March 2020
The notification also states that if the accident results in permanent disability, compensation will be payable based on this formula:
Compensation amount = Rs 5 lakh X percentage disability as per schedule I of the Employee's Compensation Act, 1923.

The minimum compensation in case of permanent disability of any kind shall not be less than Rs 50,000. However, for accidents resulting in minor injuries, the compensation amount is fixed at Rs 25,000.

T. Kalaiselvan, Advocate (Expert) 31 March 2020
The changes have come into effect from May 22, 2018. Therefore, any third-party claims filed on and from May 22, 2018 will be paid as per the amount mentioned above.

The notification also stated that to keep up with the cost of living in the future, the compensation amount will increase by five percent annually for all types of compensations with effect from January 1, 2019.

This means that from January 1, 2019, the amount of compensation payable in the event of death will increase by 5 percent to Rs 5,25,000. Similarly, compensation in case of minor accidents will increase from Rs 25,000 to Rs 26,250. "As per the earlier law, the minimum amount payable as compensation in case of death was Rs 50,000 and for permanent disability was Rs 25,000. However, these cases used to go to court and the compensation amounts were decided by the courts to settle these claims. Now it stands at Rs 5 lakh for death and Rs 50,000 for permanent disabilities.

jaideep (Querist) 31 March 2020
sir i have talked to my source and come to know that at the time of accident loading auto insurance was discontinue for 2 months and after that it was renew now can we eligible for claim and compensation.

Raj Kumar Makkad (Expert) 31 March 2020
You claim compensation amount of Rs. 1 Crore. What is harm in claiming. It is the duty of the tribunal to calculate the exact amount which shall depend upon the pleadings of the parties.

Raj Kumar Makkad (Expert) 31 March 2020
You need not to calculate the amount of the compensation which shall be paid by the Tribunal rather concenterate only on the proving the petition by way of overwhelming evidence.

Raj Kumar Makkad (Expert) 31 March 2020
The parents of your deceased friend were entitled to file the said petition even soon after the death of their son irrespective of the fact whether the offending vehicle was insured at time or not because as already advised, they shall get the amount of the compensation sooner or later.

P. Venu (Expert) 01 April 2020
Had the claimants signed the Vakalat nama and/or any other papers to filed in the MACT?

Rajendra K Goyal (Expert) 01 April 2020
Payment of claim is the joint responsibility of Insurance co. and owner of the vehicle.

You should lodge maximum claim, let the Tribunal decide.

Rajendra K Goyal (Expert) 01 April 2020
Claim and the criminal cases are different, follow both cases. regular follow up with the lawyer is required. If your lawyer is not cooperating, he should be changed.