One of my friend's daughter met with an accident and died on the spot while returning from her duties . She was 23 yrs old , an Electronics Engineer working for an MNC in Pune just for four months . My query is whether her mother can make claims under Group accident policy of the company as well as under Motor vehicles Act. Please advise on the correct legal position.
Thanks & regards,
Uday
From India, Mumbai
Thanks & regards,
Uday
From India, Mumbai
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
3131From India, Pune
In my opinion, only one claim can be made which is more beneficial. Claim under MV Act is long process whereas claim under Group Accident Policy can be made early with the support of MNC. But check Group Accident Policy covers this accident leading to untimely tragic death.
So before proceeding, pls have legal opinion who will calculate the compensation amount.
From India, Panipat
So before proceeding, pls have legal opinion who will calculate the compensation amount.
From India, Panipat
Find out what is the compensation the mother will get when when the claim is made. (sum assured for her) and whether she is really covered by the employer. If the employer helps, the claim amount can be recovered through the insurance companies reasonably quickly.
Then ask Motor Vehicle claims lawyer what is the likely amount she would get under the MV act. Whichever more beneficial can be taken. But as someone has said in this thread, these claims are notoriously slow to recover the compensation amount. but when granted, the principal amount also carries the interest at MV act rate. Insurance companies tend to deny any liability in the court finding some fault with the claimant, say claimant going on wrong side or did not have licence etc. whether they succeed or not is a different matter.
From India, Pune
Then ask Motor Vehicle claims lawyer what is the likely amount she would get under the MV act. Whichever more beneficial can be taken. But as someone has said in this thread, these claims are notoriously slow to recover the compensation amount. but when granted, the principal amount also carries the interest at MV act rate. Insurance companies tend to deny any liability in the court finding some fault with the claimant, say claimant going on wrong side or did not have licence etc. whether they succeed or not is a different matter.
From India, Pune
Dear Mr.Uday,
You have mentioned that she met with an accident and resulted into fatal. Please tell us at the time of accident the victim was walking or travelling. If travelling in a vehicle of her own or hire. Whether the driver is having the valid driving licence and the vehicle documents are valid. Similarly for opposite vehicle also. This has to be verified first before proceeding for claim.
In this there will be two different cases. One of course the police will conduct the inquest panchanama and then the accused will be charge sheeted under IPCSec.179 and for Rash and negligent driving. This procedures are nothing to fo with the claimant. and another one for compensation in the tribunal.
Since the victim was a earning member and she was also having dependents, her mother/father can claim the compensation under Motor Vehicle Act and she can submit the claim through a lawyer to the Motor Vehicle Accident Tribunal. But it will take some time to get the compensation amount but to fight till she get. The lawyer will advise you . As they are charging 10 to 20% on the compensation amount.
It is advisable to claim under MV act. In addition to this, as our learned members said, to find out whether this is covered under Group Insurance from the MNC.
Adoni Suguresh
Labour Laws Consultant
From India, Bidar
You have mentioned that she met with an accident and resulted into fatal. Please tell us at the time of accident the victim was walking or travelling. If travelling in a vehicle of her own or hire. Whether the driver is having the valid driving licence and the vehicle documents are valid. Similarly for opposite vehicle also. This has to be verified first before proceeding for claim.
In this there will be two different cases. One of course the police will conduct the inquest panchanama and then the accused will be charge sheeted under IPCSec.179 and for Rash and negligent driving. This procedures are nothing to fo with the claimant. and another one for compensation in the tribunal.
Since the victim was a earning member and she was also having dependents, her mother/father can claim the compensation under Motor Vehicle Act and she can submit the claim through a lawyer to the Motor Vehicle Accident Tribunal. But it will take some time to get the compensation amount but to fight till she get. The lawyer will advise you . As they are charging 10 to 20% on the compensation amount.
It is advisable to claim under MV act. In addition to this, as our learned members said, to find out whether this is covered under Group Insurance from the MNC.
Adoni Suguresh
Labour Laws Consultant
From India, Bidar
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