So before proceeding, pls have legal opinion who will calculate the compensation amount.
17th December 2015 From India, Panipat
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.
18th December 2015 From India, Pune
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.
Labour Laws Consultant
18th December 2015 From India, Bidar