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Adv Shifa
Adv Shifa. | 7 months ago | 443 Views

How Is Compensation Calculated In Motor Accident Claims?

Written by:

Adv Shifa Adv Shifa

Updated: 09-03-2024

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A claim under a car insurance policy could be due to either of the following injuries: Damage to Others, which involves bodily injury, or property damage to someone else. This individual is known as the "third party". Self-damage includes damage to one's insured car. This is known as an "own damage claim," and you are eligible for it if you have a package or comprehensive insurance for which you can take the help of an accident insurance lawyer.

Legal Provision:

In India, the Motor Vehicles Act of 1988 governs motor vehicles.

  • Section 161 of the Act allows for compensation in the event of a hit-and-run motor vehicle accident. The government compensates a person who dies in a hit-and-run car accident with at least two lakh rupees. If a person is critically injured in a hit-and-run car accident, they are entitled to at least fifty thousand rupees as compensation.
  • Section 164 specifies that if a person is critically injured or dies as a result of an accident caused by a motor vehicle, the owner or insurer of such vehicle must provide compensation. The compensation sum is 5 lakh rupees for death and 2.5 lakh rupees for serious injury. Compensation may be provided to the victim or the victim's legal descendants.

In the event of a motor vehicle accident, a Motor Accidents Claims Tribunal (MACT) may be contacted to seek compensation. The wounded person can file a compensation claim. If a person dies as a result of an accident, any or all of the deceased's legal representatives may apply.

Guidelines The Supreme Court rules on the determination of future possibilities for victims of car accidents.

A five-judge bench of the Supreme Court, hearing the case 'National Insurance Company Limited v Pranay Sethi', agrees with the opinion on the standardization of income addition against prospects in line with Article 168 of the Motor Vehicle Act 1988. It further stated that the concept of "fair compensation" should be defined based on fairness, rationality, and acceptable legal norms, as such a provision "can never be arithmetic exactitude."

  • It would be unreasonable to use the doctrine of real income at the time of death to establish the multiplicand and not to include any amount of prospects in the income. The determination of income in the calculation of remuneration must take into account prospects so that the method falls within the scope of just compensation as specified in Section 168 of the Act.
  • When the deceased had steady work and was under the age of 40, 50% of their actual salary was added to their income about their prospects. If the deceased was 40 to 50 years old, the increment should be 30%. If the deceased was between the ages of 50 and 60, the additional amount must be 15%. Actual salary should be read as actual salary minus taxes.
  • If the deceased was self-employed or received a fixed salary, the warrant shall include an additional 40% of the income if the deceased was under the age of 40. The needed calculating technique should be 25% when the deceased was between the ages of 40 and 50 years, and 10% when the deceased was between the ages of 50 and 60.

In cases of motor accidents, you can contact to lawyer insurance. Attorneys for auto insurance claims in India play an important role in assisting those injured in car accidents to navigate the legal procedure, safeguard their rights, and obtain compensation for their injuries and losses. Accident victims can seek legal advice and support from a car insurance lawyer. They inform the harmed party about their rights and options, allowing them to make informed decisions. You can even take no injury errors and omission insurance.

Lawyer malpractice insurance conducts investigations into the circumstances surrounding the event to assess culpability. They gather information, such as accident reports, witness accounts, and medical records, to make a compelling case.

If you are searching for a car insurance claim lawyer near me, you can contact Sharks of Law. The Sharks of Law educates individuals about legal matters and promotes critical thinking. We provide Legal Consultation. You can find a lawyer here.

Email:-helpdesk@sharksoflaw.com

Help Desk:-+91-88770-01993

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Ujjain: Woman Raped In Daylight, While Passerby Recorded The Video, Rape Accused And Another Arrested +91-88770-01993

Adv Arjun Sharma • 07/09/2024

How To Apply For A Marriage Certificate ? +91-8877001993

How To Apply For A Marriage Certificate ? +91-8877001993

Adv Tanvi Malik • 09/09/2024

How Is Murder Punishable? 8877001993

How Is Murder Punishable? 8877001993

Adv Arjun Sharma • 14/09/2024

Cheque Bounce Lawyers In Delhi 91-8877001993

Cheque Bounce Lawyers In Delhi 91-8877001993

Adv Rahul Pandey • 18/09/2024

Dowry Death And Its Punishment 91-8877001993

Dowry Death And Its Punishment 91-8877001993

Adv Samman Singh • 19/09/2024

How To Escape From Cheque Bounce Cases ?91-8877001993

How To Escape From Cheque Bounce Cases ?91-8877001993

Adv Anshul Jain • 20/09/2024

Arrest Of RG Kar Principal And Kolkata Cop By CBI +91-8877001993

Arrest Of RG Kar Principal And Kolkata Cop By CBI +91-8877001993

Adv Shubham Pahuja • 24/09/2024

Arvind Kejriwal Resignation From The Post Of CM In Delhi

Arvind Kejriwal Resignation From The Post Of CM In Delhi

Adv Ankit Kansal • 24/09/2024

Improper Bathing Habits Of Husband Leads To Divorce +91-8877001993

Improper Bathing Habits Of Husband Leads To Divorce +91-8877001993

Adv Rahul Pandey • 25/09/2024

Bail Of Delhi CM Arvind Kejriwal In Delhi Excise Policy Case

Bail Of Delhi CM Arvind Kejriwal In Delhi Excise Policy Case

Adv Kanishk Garg • 25/09/2024

Beef Found In Tirupati Ladoo Prasad +91-8877001993

Beef Found In Tirupati Ladoo Prasad +91-8877001993

Adv Anshul Jain • 27/09/2024

Section 125 Of CRPC Is Not There To Create An Army Of Idlers, Well-Qualified Wife Shall Not Solely Depend Upon Maintenance:- Mp High Court 91-8877001993

Section 125 Of CRPC Is Not There To Create An Army Of Idlers, Well-Qualified Wife Shall Not Solely Depend Upon Maintenance:- Mp High Court 91-8877001993

Adv Tanvi Malik • 28/09/2024

Resignation Not Final Until Employer Communicates The Acceptance To Employee:-SC 91-8877001993

Resignation Not Final Until Employer Communicates The Acceptance To Employee:-SC 91-8877001993

Adv Shifa • 28/09/2024

High Court Condemns "Freebie Culture," Summons MCD Commissioner In Response To Delhi IAS Coaching Center Fatalities 91-8877001993

High Court Condemns "Freebie Culture," Summons MCD Commissioner In Response To Delhi IAS Coaching Center Fatalities 91-8877001993

Adv Tanvi Malik • 30/09/2024

Role Of The Best Family Lawyers In Delhi +91-8877001993

Role Of The Best Family Lawyers In Delhi +91-8877001993

Adv Shubham Pahuja • 01/10/2024

Can’t Call Religion Of India As Pakistan: Supreme Court Blasts Karnataka Judge

Can’t Call Religion Of India As Pakistan: Supreme Court Blasts Karnataka Judge

Adv Ankit Kansal • 01/10/2024

Death Sentence For Rape And Murder Of 7 Year Old Girl In Kolkata 91-8877001993

Death Sentence For Rape And Murder Of 7 Year Old Girl In Kolkata 91-8877001993

Adv Shifa • 05/10/2024

Delhi High Court Grants Pregnancy Termination In Live In Relationship 91-8877001993

Delhi High Court Grants Pregnancy Termination In Live In Relationship 91-8877001993

Adv Ankit Kansal • 05/10/2024

Living Separately For Jobs Does Not Amount To Desertion 91-8877001993

Living Separately For Jobs Does Not Amount To Desertion 91-8877001993

Adv Kanishk Garg • 09/10/2024

What To Do In Cheque Bounce Case: Lawyers Legal Advice 91-8877001993

What To Do In Cheque Bounce Case: Lawyers Legal Advice 91-8877001993

Adv Samman Singh • 10/10/2024

Govt Pleas For Criminalizing Marital Rapes?

Govt Pleas For Criminalizing Marital Rapes?

Adv Tanvi Malik • 14/10/2024

Maintenance To Woman In Live In Relationship 91-8877001993

Maintenance To Woman In Live In Relationship 91-8877001993

Adv Ankit Kansal • 15/10/2024

Baba Siddiqui Murder Case And Lawrence:-Bishnoi Gang Connection

Baba Siddiqui Murder Case And Lawrence:-Bishnoi Gang Connection

Adv Anshul Jain • 18/10/2024

All Arrest And Detentions Are Not Custodial Torture 91-8877001993

All Arrest And Detentions Are Not Custodial Torture 91-8877001993

Adv Samman Singh • 07/11/2024

New Appointment Cannot Be Revoked If Resignation Is Accepted By The Previous Company 91-8877001993

New Appointment Cannot Be Revoked If Resignation Is Accepted By The Previous Company 91-8877001993

Adv Arjun Sharma • 09/11/2024

Matrimony Company To Pay Compensation To The Groom 91-8877001993

Matrimony Company To Pay Compensation To The Groom 91-8877001993

Adv Shubham Jindal • 11/11/2024

Justice Dy Chandrachud’s Legacy Through His 5 Key Judgments

Justice Dy Chandrachud’s Legacy Through His 5 Key Judgments

Adv Ankit Kansal • 12/11/2024

Student Sues Jindal Global Law School After University Fails Him For Using 88% AI Generated Content In Exams 91-8877001993

Student Sues Jindal Global Law School After University Fails Him For Using 88% AI Generated Content In Exams 91-8877001993

Adv Arjun Sharma • 14/11/2024

Forcing Wife To Quit Job Amounts To Cruelty 91-8877001993

Forcing Wife To Quit Job Amounts To Cruelty 91-8877001993

Adv Shubham Jindal • 25/11/2024

Celebrating The Spirit Of Democracy On Constitution Day On November 26

Celebrating The Spirit Of Democracy On Constitution Day On November 26

Adv Shubham Pahuja • 26/11/2024

Judicial Reform Through Set Up Of 24*7 Online Court In Kerela

Judicial Reform Through Set Up Of 24*7 Online Court In Kerela

Adv Anshul Jain • 06/12/2024

What To Do If A Police Officer Is Harassing You? 91-8877001993

What To Do If A Police Officer Is Harassing You? 91-8877001993

Adv Arjun Sharma • 21/12/2024

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