Home | Legal Advice | Civil Law Cases | How much compensation would I get from MACT

How much compensation would I get from MACT

Shivendra Pratap Singh

Advocate

26/09/2015/ 11:35:42 AM

Reading Time:

I was a truck driver having a licence of the heavy vehicle from the transport office. I met an accident last year and my one leg and one hand are completely crushed. I was 28 years old at the date of the accident. I had been in the hospital for 15 months. I permanently disable to perform my job due to a 60% disability.

I filed a petition before MACT for compensation under section 166 of the Motor vehicle act and section 3/4 of Employee’s compensation act. My advocate claimed 35 lakh rupees as compensation but insurance company in its counterclaim said that only 2 lakh compensation should be made against the company.

Sir, I want to know how much compensation would I get from MACT, I have been filing ITR of rs 2 lakh income per annum for the last 2 years.

The MACT court awards compensation under section 166 of the Motor Vehicle Act (MV Act). There are several heads to which the court may grant compensation, which covers:

  • Hospitalization expenses
  • Loss of earning.
  • Functional disability and unable to work for livelihood.
  • Medical expenses.
  • Compensation for pain and suffering during treatment.
  • Expenses of an attendant during treatment.
  • Transportation charges.
  • Compensation for special diet & nutrition during treatment. 
  • Compensation for loss of happiness and enjoyment of life etc.

If you are an income tax assessee then the court will consider your ITR for determination of your income and living standard.

Since you are a driver and suffered 60% injury. In this situation, you cannot resume your work. due to permanent disability. In Raj Kumar vs Ajay Kumar (2011) 1 SCC it is held by the supreme court that if a driver comes to the loss of earning due to a permanent disability then same may be treated as 100% disability.

Hence, the court will consider your disability as 100% due to loss of earning. You are not able to work as a driver and you have not able to do another work due to lack of experience. 

In Sarla Verma vs DTC (2009) 6 SCC supreme court held that compensation for loss of future income due to permanent disability shall be calculated by the court on this formula:- Per annum income of claimant × numbers of years likely to be worked by the claimant in future. Your age was 28 years at the date of the accident so you may work for 20 more years. Compensation for loss of future income would be at least 20 Lakh.

The court shall decide other compensation on the prevailing law and compensate the expenses incurred by you during treatment. It may be 4 – 5 lakh so you may get 24 to 25 lakh as compensation. In MCD Vs Uphar Tragedy Assn. (2011) 14 SCC supreme court that rate of interest should be applicable @9% from the date of filing of petition till the date of payment.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

Can the tehsildar issue a succession certificate?

Question: Whether Tehsildar is competent authority to issue succession certificate to collect life insurance policy. My father's insurance policy claim is matured and we are the legal heirs to collect that amount. Can the tehsildar issue a succession certificate?...

Cancellation of Sale Agreement

Question: Cancellation of sale agreement without consent of party. I executed an agreement of sale for a 497 sq.yards site with a condition that I will get clearance from ULC. I took advance of 2 lakhs cheque and 2 lakhs cash, totalling to 4 lakhs. It's been 22 months...

Landlord does not provide a rent receipt

Question: After making rent payment, the landlord does not provide a rent receipt. Also not picking up calls & responding to messages. What action can be taken against him? Asked from: Maharashtra You should send to him a legal notice on his residential or postal...

Forfeiture of earnest money in withdrawal of tender

Question: I am a contractor and have some tenders in BHEL. The Bhel has forfeited earnest money because I have withdrawn a tender. So I want to know whether forfeiture of earnest money in withdrawal of tender is legal in India. BHEL has published tenders for the...

Arbitration in respect of non-arbitrable issues

Question: Some tenders were issued during last financial year. Tenders were in respect of fencing and drainage on both sides of the road. The department has allotted those tenders to my company. Company has to conduct a survey of land and demarcate slope angle for the...

Mud road on my land :  How to get it back?

Question: Government has laid a mud road on my land a few years ago. I have all documents stating the land where the road is laid belongs to me. We do not know about this. How to get my land back? I have all documents stating the land where the road is laid belongs to...

Can mother execute a registered will

Question: Can mother execute a registered will towards the property which she had received from my deceased father? My father died in the year 2021 and he has named my mother as the 100% owner of the existing house in the registered will. I have 4 older brothers and 1...

Appointment of arbitrator under the agreement

Question: My firm is doing business of gravel supply to the government. I want to know whether the appointment of an arbitrator under the agreement is possible? Our firm got a tender from the public works department of Uttar Pradesh. According to the tender agreement...

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

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