One of my friend's daughter met with an accident and died on the spot while returning from her duties. She was 23 years old, an Electronics Engineer working for an MNC in Pune just for four months. My query is whether her mother can make claims under the Group accident policy of the company as well as under the Motor Vehicles Act. Please advise on the correct legal position.
Thanks and regards,
Uday
From India, Mumbai
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Thanks and regards,
Uday
From India, Mumbai
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Claim can be filed under MV Act 1988 for compensation. What advice has the MNC given to NOK on this tragic death?
From India, Pune
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3251From India, Pune
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In my opinion, only one claim can be made which is more beneficial. The claim under the MV Act is a long process, whereas the claim under the Group Accident Policy can be made early with the support of an MNC. But, check if the Group Accident Policy covers this accident leading to untimely tragic death. So, before proceeding, please have a legal opinion on who will calculate the compensation amount.
From India, Panipat
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From India, Panipat
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Find out what the compensation the mother will receive when the claim is made (sum assured for her) and whether she is truly covered by the employer. If the employer assists, the claim amount can be recovered through the insurance companies reasonably quickly.
Next, consult a Motor Vehicle claims lawyer to determine the likely amount she would receive under the MV Act. Whichever option is more beneficial can be pursued. However, as mentioned in this thread, these claims are notoriously slow to recover the compensation amount. When granted, the principal amount also accrues interest at the MV Act rate. Insurance companies tend to deny liability in court by finding fault with the claimant, such as claiming the claimant was on the wrong side or did not have a license. Whether they succeed or not is a different matter.
From India, Pune
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Next, consult a Motor Vehicle claims lawyer to determine the likely amount she would receive under the MV Act. Whichever option is more beneficial can be pursued. However, as mentioned in this thread, these claims are notoriously slow to recover the compensation amount. When granted, the principal amount also accrues interest at the MV Act rate. Insurance companies tend to deny liability in court by finding fault with the claimant, such as claiming the claimant was on the wrong side or did not have a license. Whether they succeed or not is a different matter.
From India, Pune
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Dear Mr. Uday,
You have mentioned that she met with an accident which resulted in fatality. Please inform us whether, at the time of the accident, the victim was walking or traveling, and if she was traveling, was it in a vehicle of her own or hired. Also, verify if the driver had a valid driving license and if the vehicle documents were in order, for both her vehicle and the opposite vehicle. This verification is crucial before proceeding with the claim.
There will be two different cases in this situation. Firstly, the police will conduct an inquest panchanama, and the accused will be charged under IPC Sec.179 for rash and negligent driving. These procedures are unrelated to the claimant. The second case involves seeking compensation in the tribunal.
As the victim was an earning member with dependents, her mother/father can claim compensation under the Motor Vehicle Act by submitting the claim through a lawyer to the Motor Vehicle Accident Tribunal. It may take some time to receive the compensation, but the lawyer will guide you through the process, typically charging 10 to 20% of the compensation amount.
It is advisable to claim under the MV Act. Additionally, as our esteemed members suggested, check if this incident is covered under the group insurance from the MNC.
Adoni Suguresh
Labour Laws Consultant
From India, Bidar
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You have mentioned that she met with an accident which resulted in fatality. Please inform us whether, at the time of the accident, the victim was walking or traveling, and if she was traveling, was it in a vehicle of her own or hired. Also, verify if the driver had a valid driving license and if the vehicle documents were in order, for both her vehicle and the opposite vehicle. This verification is crucial before proceeding with the claim.
There will be two different cases in this situation. Firstly, the police will conduct an inquest panchanama, and the accused will be charged under IPC Sec.179 for rash and negligent driving. These procedures are unrelated to the claimant. The second case involves seeking compensation in the tribunal.
As the victim was an earning member with dependents, her mother/father can claim compensation under the Motor Vehicle Act by submitting the claim through a lawyer to the Motor Vehicle Accident Tribunal. It may take some time to receive the compensation, but the lawyer will guide you through the process, typically charging 10 to 20% of the compensation amount.
It is advisable to claim under the MV Act. Additionally, as our esteemed members suggested, check if this incident is covered under the group insurance from the MNC.
Adoni Suguresh
Labour Laws Consultant
From India, Bidar
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