Motor Accident Claims Tribunal and Compensation in Motor Accident
Scheme of the MV Act: Chapter 10 provides for an interim award. Chapter 11 provides for insurance of motor vehicle against third party risk and Chapter 12 provides for the constitution of Claims Tribunal and adjudication.
Claim Petition to Tribunal u/s 166 of MV Act as per section 163A
The Proceeding: Defence by Insurence u/s Section 149(2)
The award u/s 168
Execution of Award- u/s 174
Injury Case: Pecuniary Damages and Special or General Damages.
Death Case: Multiplier Table in Claim Cases under Section 166 as per Sarla Verma vs. Delhi Transport Corporation case [ for determination of income] u/s 163A
|Age of the Victim||Multiplier to be adopted for accidents|
|Up to 15 years||15|
|15 to 20 years||16|
|21 to 25||17|
|26 to 30||18|
|31 to 35||17|
|36 to 40||16|
|41 to 45||15|
|46 to 50||13|
|51 to 55||11|
|56 to 60||8|
|61 to 65||5|
- Determining factors for compensation
Yearly income[ Minus 1/3 Personal expense] + future Prospect +A reasonable amount on conventional heads, i.e., Rs. 15,000/- for loss of estate, Rs. 40,000/- for loss of consortium and Rs. 15,000/- for funeral expenses should be awarded to the victim. The aforesaid amounts are to be enhanced at the rate of 10% in every three years.
2. SC Constitution Bench Guidelines On Fixation Of Future Prospects…
Supreme Court Cases
Pappu and Ors. Vs. Vinod Kumar Lamba and ANR [SC 2018 January]
Amendment of claim petition – The application under Order 6, Rule 17 of the C.P.C. is to be applied.
Fee on claim petition – only 10/- stamp is required under the Act
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