Legal Question in Personal Injury in India

Dear Sir,

A young unmarried MBA graudate working with a Pvt Company was run over by a car being driven by the owner of the car.The person died on the spot.The deceased 32 years age & was having dependent parents aged Mother aged 57years & 61 years.The deceased annual income was 5 lacs per annum & other incentives being rs 4 lacs+. .

The lawyer fighting his case calculated the compensation as per Sarla Vaema Judgement deivered by Hon'ble Supreme Court like this

Annual income of deceased =rs 5+4= rs 9 lacs

(9 lacs+ 50% of 9 lacs)*5*2/3= (13.5)*5*2/3=45 lacs

Compensation payable to dependents = rs 45 lacs

Here multiplier of 5 is taken on Age of 61 years as per sarla verma case.My query is,here the case is filed by Mother aged 57 years.

1-My query isMultiplier will be determined by taking the age of Mother as 57 years or taking age of father as 61 years?

2-The average age of family members in the family is more than 75 years (more than National average age of male/female of about 65/67 years).So,even if multiplier is determined on age of father ie 61 years,can the multiplier be increased (ie may be taken more than 5 )

3-have the lawyer rightly calculated the compensation here?

4-If there is other way of calculating the calculation too,which is better than this?kindly explain here

Kindly throw some light on this issue.

Warm Regards

sarvesh


Asked on 8/03/12, 2:59 am

1 Answer from Attorneys
Vivek Mapara Vivek N. Mapara

Irrespective of your lawyers calculation, court will decided on the basis of the evidence lead as to what amount of compensation could be awarded. Sarla Verma is binding law as of now.

Another thing Trust your local lawyer, you dont have to cross verify his wisdom.

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Answered on 8/05/12, 9:43 am


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