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How much is Compensation entitled in case of Motor Vehicle Accident?

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Under the motor vehicles law, when the driver is involved in an accident and the victim dies, then the minimum compensation to be paid is Rs.50,000. When the victim suffers from permanent disablement, then the minimum compensation to be paid is Rs. 25,000. The Motor Accident Claims Tribunal (MACT) can award a higher amount of compensation after considering the events and facts. If the motor vehicle is insured with an insurance company, then the insurer will be liable to pay the compensation in case of death or permanent disablement.
  • Compensation in case of death : The tribunals pursue certain steps in ascertaining the compensation in case of victim’s death. The first step is to ascertain annual income of the deceased. The amount which the deceased would spend on himself as personal and living expenses are deducted. The balance that remains is considered as the contribution to the dependent family i.e. the multiplicand. Next, the multiplication method is selected after considering the age and active career of the deceased.
  • Compensation in case of injury : The courts have to discernibly compensate the injuries with proportional awards. There are two types damages that can be awarded by courts- pecuniary and general damages. Pecuniary damages include expenses incurred on medical treatment, transportation, diet, loss of future earnings, etc. General damages include compensation for mental or emotional shock, pain, sufferings, any loss of comfort due to the injuries which disable the person from sitting, walking or running.

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