By: Team Kanoonirai
Advice in Civil Law Cases

Reading Progress:

Compensation under M V Act after death of son

by | 26 Oct, 2015 | Civil Law Cases

Home | Advice | Civil Law Cases | Compensation under M V Act after death of son

My son died on 12 April 2015. Me, my wife and one daughter are dependent. My son was self-employed but unmarried. He was 29 years old at the time of death. I have filed a petition under section 166 M V Act for compensation and claim about 98 lakh. He declared 30 k per month income in his ITR and pay income tax also. Can I get 98 lakh as compensation?

You may claim any amount as for compensation but must bear in mind that the court will decide the actual compensation under the M V Act on the guidelines fixed by the supreme court in its catena of judgments. Self-employed and even unemployed person is entitled to get compensation under the M V Act ( Motor Vehicle Act).

A standard deduction shall be applied in case of death because dependents are entitled to get compensation to the extent which deceased might spent upon them which remained after his personal needs.

In Reshma Kumari vs Madan Mohan [2013] 9 SCC;  it is held the supreme court that bachelor person would tend to spend more on his personal needs and living lifestyle so 50% shall be justified deduction in case of death of bachelor person. In Santosh Devi vs National insurance Co. ltd [2012] 6 SCC held by the supreme court that multiplier should be applied after deciding compensation on monthly basis, age of deceased is the sole parameter in deciding multiplier. It can not be possible to fix multiplier on every case, so one common formula should be devised for it.

In Reshma Kumari case, the supreme court has fixed formula for the multiplier. A multiplier of 17 has been fixed by the court if the age of the deceased was between 26 to 30 years. In your case 17 multiplier shall be applied.

Prospect is also a ground for calculating calculation. In Rajesh vs Rajveer Singh [2013] 9 SCC; held by the court that if the deceased is below 40 years of age there must be the addition of 50% to the actual income of the deceased.

According to above discussion you may get monthly income = monthly income of deceased + addition of 50% as future prospect (30000 + 15000) = 45000; and subtraction of standard deduction of 50% ( 50% of 45000) = 22500 per month. Monthly income 22500 shall be multiplied by 12 to get annual income i.e. 270000.

Annual income shall be multiplied by multiplier 17 to get net compensation i.e. Rs. 4590000. You may get Rs. 4590000 as compensation.

Other advice you might like

Recitation of azaan may be an integral part of Islam

The right to recite Azan though sound-amplifying devices are not protected under Article 25 since it is not an integral part of Islam. The microphone is a gift of technological age; its adverse effect is well felt all over the world. Use of loudspeakers otherwise in accordance with law affects fundamental rights of the citizens under Article 19 (1)(a) of the Constitution of India.

Section 34: Specific Relief Act 1963

Section 34: Discretion of court as to declaration of status or right Any person entitled to any legal character, or to any right as to any property, may institute a suit against any person denying or interested to deny, his title to such character or right, and the...

Office

Spring Greens Apartment
Ayodhya Road
Lucknow

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54