d) In respect of compromise/negotiated settlement arrived under Common Mechanism
for Compromise Settlement of Third Party Claims (CMCSTPC) Scheme, financial
authority applicable would be to the extent of100 % subject to maximum of
Rs.10,00,000/-
Bachelor Married
Dependants Dependants
only parents ½ 2 to 3 ⅓
if other like
younger ⅓ 4 to 6 ¼
siblings also
Future Prospects
For Permanent job (salaried) Add For Self Employed
Below 40 years 50% Below 40years 40%
40 to 50 years 30% 40 to 50 years 25%
51-60 years 15% 51-60 years 10%
Note: New addition to Sarla Verma for above age of 50 from Nil to 15%
Note: For those salaried on Permanent job actual salary less tax and for
Self employed established income less tax component.
Bhakra Beas Management Board vs. Smt. Kanta Agarwaal &Ors. ,2008ACJ2372SC— Employer
of the deceased provided employment to the widow on compassionate ground—Award was
passed by Tribunal and upheld by High Court— Appeal before Apex Court by Insurance
Co. contending that benefits which the claimant has received because of
compassionate job, should have been deducted while computing compensation—Held: the
High Court lost sight of the fact that the benefits which the claimant receives on
account of the death or injury have to be duly considered while fixing compensation
. The award passed for Rs.8,48,106/- was reduced to Rs.500000
If the Claim Petition does not disclose any Policy particulars or particulars
disclosed are not sufficient for locating the Policy issuing office, then the
Advocate should be instructed to file a petition before the MACT u/s 169(2) of the
M.V. Act, 1988 with a prayer for disclosing better Policy particulars by the
Claimants / Vehicle Owner in the mean time the claim to be registered as orphan
claim17 with adequate provision i.e. for the first year 1/3rd of the expected
liability and after one year if the claim is still identified as orphan, then 100%.
If O/s Provision is more than Rs.25 lacs & upto 50 lacs, approval to be sought for
Advocate's appointment in prescribed format from Regional Office.
ii. If O/s Provision is more than Rs. 50 lacs, approval to be sought for Advocate's
appointment in prescribed format from Head Office through R Registration of claim
by the servicing office within 24 hours of receipt of the summon & petition.
2. Appointment of the Advocate & Investigators within 2 working days of the receipt
of the court summon.
3. Documenting with Policy copy & Section 64VB within 3 working days of receipt of
the court summon.
4. Motor TP Investigator to submit report within 30 days of appointment and under
special circumstances to be allowed further period not exceeding another
5. Panel advocate to intimate dealing office briefly about the award through
mail/phone and also to apply for the certified copy of the award on the very day of
the pronouncement of the judgment.
6. The certified copy of the award along with the reasoned opinion is to reach the
dealing office within 3 days of its issue by the Court Registry.
7. Please sensitize our learned panel advocates & investigators of our requirements
through a suitable letter/e-mail and/or through interactive session.
8. The professional fees & expenses are to be released to the investigators &
advocates within 5 days of receipt of Investigation Report, copy of WS & Award copy
along with opinion and necessary documents respectively.
9. The following processing time is to be strictly adhered to at different tiers of
the company to decide whether we should appeal or satisfy the award.
Branch / Divisional Office/TP Hub Maximum 10 days
10. The Written Statement & the Written Arguments for High Value Tribunal Cases
exceeding the outstanding liability of Rs. 50 lakhs have to be approved by the HO
Motor TP department before its filing in the MACT. The soft copies
documents shall be mailed to the concerned officer in Head Office Motor TP
Department, which will be approved by HO & communicated to ROs within 2 working
days.
11. Our company officials remain present in the trial court during the cross
examination of major witnesses and also at the time of final arguments in respect
of High Value Tribunal Cases exceeding the outstanding liability of Rs. 50 lakhs
for better understanding of the defence being taken by our learned panel advocates.
egional Office.
In fact, the judiciary has went to the extent of observing that if, the claimant is
not financially dependent on the deceased then he/she is only entitled for
compensation to the extent of no-fault liability.21. Sometimes NFL + non peculiarly
damages