compensation for accidental death case

Dear Client, Kavita has a very strong claim for compensation here.

The claim must be filed before the Motor Accident Claims Tribunal under Section 166 of the Motor Vehicles Act. MACT is a special court which deals with matters arising out of motor accidents pertaining to claims for compensation by the victim or dependants of the deceased against the owner of the vehicle, driver and the concerned insurance company.

A minor's parent and the individual who let the minor drive could be criminally charged under Section 199A of the Motor Vehicles Act.

While the insurance carrier has some liability, the owner's liability policy will cover it. The claim will be paid by the insurance carrier. The insurance carrier has a right to seek reimbursement from the owner of the vehicle. As a result of the Motor Vehicle Act, the owner of the vehicle must maintain mandatory third-party liability insurance.

Kavita has the right to make this claim because she is the legal spouse and beneficiary of the deceased.

The minor driver has created serious problems for the insurance company.Therefore, the vehicle owner has full responsibility for any damage caused to third parties. The insurance company will pay the claim regardless of whether the company has a defence and is entitled to reimbursement under Section 149 after paying the claim. Therefore, Kavita has the right to pursue the insurance company for the claim.

On the compensation amount, since Kavesh was a working husband and Kavita is financially dependent, the MACT will calculate compensation based on his income, age, dependency, and the structured formula laid down by the Supreme Court in Sarla Verma v. DTC and National Insurance Company v. Pranay Sethi. Since Kavita is a poor maid, she qualifies for free legal aid through the District Legal Services Authority and she should approach the DLSA immediately and they will assign a lawyer to file and pursue the MACT claim at no cost to her.

Documentation that must be provided includes the FIR, post-mortem report, Kavesh's proof of income if applicable, all relevant hospital/death records, proof of relationship to Kavita, information about applicable insurance policies, and registration information for the vehicle that caused the accident.

I hope this helps, and if you have any further issues, do not hesitate to contact us.