[zenren]

Originally Posted by ani_meher

The compensation will be paid by the owner of vehicle, not the driver. It will be decided based on various factors, such as age of the deceased, his current and expected loss of income etc. It will not be capped at 50k.

The point to be noted here is that the deceased was a government employee and was eligible for a lot of these benefits directly from the government. Hence it could be pointed out in the court that the family didn't lose much financially due to the adequate compensation from the government, assuming it was generously over and above what would have been received if the employee had normally worked and retired. However, people sometimes mistake a big payment as compensation but if a good part of it was otherwise eligible at regular retirement, that fraction should not be counted towards compensation from the government since they were eligible for it even otherwise.

[Grr7]

I am being blunt here, but your father/BIL have to pay up.
Insurance seems to be such a non-required formality unless one is thrown to such a situation. I always insist on my non-abiding friends to not drive without a valid insurance, but they seldom realize the consequences. Even a 3rd party insurance can be savior in such a case.

The only respite for you here is that the claims put on the case file are always bloated up figures. Because our courts dont value the cost of life as much as other courts worldwide do.
So, a 50 lakh claim would eventually settle for about 8-10 lac rupees. Look at the entire picture from a neutral perspective and you shall get the right picture. The deceased's relatives aren't wrong and your family need to pay for the mistake/negligence in a big way.
Another option could be out of court settlement, but right now the claimant must be in high (false) hopes by their lawyer of getting them 30-40 lac. Few years of court visits and exposure to Indian Judicial system shall make the case filing party more flexible and open to out of court settlement.

Sorry to say, but till then you have no other option than to suffer and bear.

Regards

[Engine_Roars]

Hi, sorry to hear about the accident and all the sufferings and agony everyone involved has gone through and is going through.

While I am no legal/insurance expert I do understand that if I am driving or riding with some one, his/her life is my responsibility morally and legally too and to cover the legal responsibility we get our vehicles insured. Unfortunately, the insurance was expired in your case hence the responsibility to compensate for loss of life or any other damages, now lies with the driver/owner of the vehicle.

Here is hoping that the matter gets resolved as soon as possible amicably, and every one involved moves on with life, leaving bad memories behind.

Best Wishes,

[shashank.nk]

Originally Posted by chevyman

We tried this, but they are not willing to settle for anything less than Rs. 25 lakhs, even though they are getting huge compensation from Govt. and the deceased person's wife has been offered a Govt. job. I think we need to hire a more competent lawyer. The current one has not done anything to soothe our nerves.

Yes you could try another lawyer and see if it changes anything,though I have my doubts if it will.
If I were in your position, I would try for a out of court settlement after a few hearings based on where the case is headed.
Good luck with it!

[sidhu_hs]

I am not a lawyer but their is a legal search engine indiankanoon.org. You can use it to browse through judgments in similar cases by various courts by using different keywords. It'll take a lot searches with a lot of different keywords to find relevant cases but I think it'll be worth your time. If you are efficient with Google search, you'll be adept at indiankanoon.org as well.

Another suggestion I would make is that you should ask your lawyer to give you a few landmark cases by Supreme Court or High Court which were similar to yours and give it a thorough reading. Also, it'll make you aware of the specific laws and their implications on your case. Give them a reading too. Everything is on the internet.

Another thing I would like add is that fight the case most vigorously in the trial court/tribunal itself. As far as quality goes, for both lawyers and judges, you'll be left wanting in both the cases in the lower court. So take advice of a good district court or high court lawyer about your case. In spite of all this put up a good fight because if it goes against you in the lower court, it becomes difficult to turn around the case in District Court, High Court or Supreme Court while in Appeal.

Lastly, my advice would be to settle out of court. Diplomacy lies in trying against all odds. With all due respect to the departed soul, may he Rest in Peace, you and your family have the most to lose emotionally and financially in the coming years of litigation. But if you are up for the litigation, fight it wholeheartedly.

[GTO]

Terribly unfortunate situation for the co-passenger, his family, your Dad & the car owner. Accidents happen, but driving without insurance is a big no-no. Carelessness usually comes with a pricetag.

Question - I'm pretty sure the deceased had personal / life insurance? I'm also sure they've already filed a claim on that and - considering the timeline - his family should've already received the payment. You & your lawyer need to investigate on this.

Personally, and on moral grounds, I think your father does owe that family. Whatever $$$ you end up paying, it'll always be lesser than the loss they have suffered. Try to settle at a mutually agreeable amount. If they don't want to settle today, they will tomorrow. No one enjoys court visits. If there is a common friend or colleague you trust, have him mediate between the two families.

Here are two relevant answers from VakilNo1:

Q8. How his compensation in case of death of a person calculated ?

A. In the case where the fault of the driver is not proved, the legal heirs of the deceased are entitled to no fault liability which is presently fixed at Rs. 50,000/-. In case the death has occurred due to the fault of the driver the compensation is calculated on the basis of the life expectancy of the deceased multiplied by his income. The income for the purposes of this calculation is 50% of the actual income which deceased used to receive as the rest is deducted as the self expenditure. The state of the health of the deceased and his past health record is also taken into consideration while deciding the compensation.

Q9. In case of an accident who is liable. Is the driver or the owner who has to be impleaded as a party ?

A. In case of an accident both the owner and the driver are to be impleaded as parties. In such cases the liability of the driver is only a vicarious in nature while the owner has an absolute liability.

[chevyman]

Originally Posted by GTO

Personally, and on moral grounds, I think your father does owe that family. Whatever $$$ you end up paying, it'll always be lesser than the loss they have suffered.

Yes I understand and we were/are willing to pay what we can afford. Plus, his family received govt benefits like job to his wife and compensation which my father himself took personal interest and got them sanctioned.

Its enlightening to know that there wont be any liability if the driver's fault is not proven. I was not involved in this matter as I thought my father can handle but he is getting demoralized these days so I started taking initiative and I see that he has hired the wrong lawyer and is surrounded by people who are giving wrong advise to both the parties.

[pramodkumar]

Originally Posted by chevyman

Yes I understand and we were/are willing to pay what we can afford. Plus, his family received govt benefits like job to his wife and compensation which my father himself took personal interest and got them sanctioned.

Its enlightening to know that there wont be any liability if the driver's fault is not proven. I was not involved in this matter as I thought my father can handle but he is getting demoralized these days so I started taking initiative and I see that he has hired the wrong lawyer and is surrounded by people who are giving wrong advise to both the parties.

Chevyman, you are asking the wrong crowd. Most who would reply are not legal experts and their views and based on hearsay and logic. The best idea is to get a legal opinion from someone who deals with such cases. If you go to the guy without any referrals he may milk you. If you go to him with false information, even if he is saying the right thing you will still think he is taking you for a ride.

Like everyone one suggested such cases can get dragged, but there is no guarantee, it may end fast as well.

I would repeat, seek professional assistance.

Pramod

[srishiva]

I second Promod above. Its not about what we feel its about what is the rule.

How come govt dishes out paltry compensation for victims of accidents in case of govt vehicles even with insurance or whatever?

[saket77]

Originally Posted by chevyman

Does this section apply for person who got killed by sitting inside the vehicle which met accident?

Chevyman, very sad to read about the entire ordeal. My heart goes out to the family of bereaved. And I can well understand that legal trouble that your family has been put into. Difficult times.

But to answer your question, yes, a person sitting inside the car, except that the owner of the vehicle (and in whose name the insurance is bought) is the third party. Applies even if he/she is the member of the same family - like even son and a father. This means that he/she (or his family) can file a third party insurance claim against the owner of the vehicle. The insurance co., after a slew of court hearings would generally pay out a reasonable compensation to the third party. The biggest problem in this case if that there is no valid insurance, not even a third party insurance. That itself is punishable offence.

[ajmat]

Apart from the advice imparted, was the deceased wearing a seatbelt. If he ignored safety practices, that could be a mitigating circumstance.

The delay in filing the claim will point to opportunism.

[Gansan]

The passenger can be anybody, even a total stranger requesting a lift, I think. The insurance policy covers any co-passenger. If we offer him a lift, we are responsible.

[jinojohnt]

Originally Posted by ajmat

Apart from the advice imparted, was the deceased wearing a seatbelt. If he ignored safety practices, that could be a mitigating circumstance.

A belted passenger would 'most likely' have a 'seatbelt injury' such as skin abrasion on neck/chest/abdomen, in the case of a collision. If the post-mortem result did not indicate such an injury, that can also be added to the defendant's argument. This argument gets stronger if the (belted) driver has such an injury.

[::CMS::]

Originally Posted by saket77

This means that he/she (or his family) can file a third party insurance claim against the owner of the vehicle.

Isnt this a loop hole?

[zenren]

Originally Posted by ajmat

Apart from the advice imparted, was the deceased wearing a seatbelt. If he ignored safety practices, that could be a mitigating circumstance.

Originally Posted by jinojohnt

A belted passenger would 'most likely' have a 'seatbelt injury' such as skin abrasion on neck/chest/abdomen, in the case of a collision. If the post-mortem result did not indicate such an injury, that can also be added to the defendant's argument. This argument gets stronger if the (belted) driver has such an injury.

If a passenger doesn't wear seat belt or disregards any safety practices, isn't it the responsibility of the driver of the vehicle to ensure it is enforced? I'm asking this since I see a possibility of this argument coming back at his father in case the passenger was not wearing a seat belt. It could always be argued that the deceased was not aware of the benefits of seat belts and the driver of the car did nothing to educate him.