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Torts project - Payment of Compensation in Hit and Run Motor Accident.

Extracts from this document...

Introduction

TORTS PROJECT Payment of Compensation in Hit and Run Motor Accident THIS PROJECT IS SUBMITTED AS THE PARTIAL FULFILMENT OF THE B Sc LLB (Hons.) COURSE SUBMITTED TO: SUBMITTED BY: Miss. Stellina Jolly Nilesh Bairwa B.A. LL.B (Hons) FACULTY OF TORTS I SEMESTER NATIONAL LAW UNIVRSITY (ROLL NO.291) S.NO PARTICULARS PAGE NO. 1 ACKNOWLEDGEMENT 3 2 RESEARCH METHODOLOGY 4 3 INTRODUCTION 5 4 COMPENSATION PROVISION 6 5 HOW THE APPLICATION IS FILLED 18 6 CASE ANALYSIS 23 7 CONCLUSION 25 8 BIBLIOGRAPHY 26 ACKNOWLEDGEMENT I NILESH BAIRWA student of B.A. LL.B.(Hons.) sincerely express my gratitude towards our faculty member Ms. Stellina Jolly for giving me the chance to research On the topic "PAYMENT OF COMPENSATION IN HIT AND RUN MOTOR ACCIDENT". I would thank almighty god to give me the to work on this project. Moreover, I would also thank our librarian, my seniors who helped me in accomplishing this project and last but not the least my friends and parents specially my father who were there in every step of this project to assist me. OBJECTIVES AND METHODOLOGY OBJECTIVES: 1: TO FIND OUT AND STUDY THE PAYMENT OF COMPENSATION IN HIT AND RUN MOTOR ACCIDENT. 2: TO DRAW UP THE BASIC TRENDS BY ANALYSING VARIOUS CASES METHODOLOGY THE BASIC METHODOLOGY ADOPTED TO PREPARE THIS RESEARCH IS DEDUCTIVE THAT IS TO STUDY VARIOUS CASES, TO ANALYSE THE LAWS IN THE SAME TOPIC AND UNDERSTAND THE GENERAL PRINCIPLE TO DRAW A GENERAL CONCLUSION. Introduction The number of people who get killed or maimed in motor vehicle accidents is growing day by day. The main source of succor to such hapless people and their dependants is the compensation that they are entitled to receive under law. But right from 1956, motor accident compensation law has been in a state of flux. It was in that year that the legislature amended the Motor Vehicles Act, 1939 by inserting several new sections. ...read more.

Middle

and163 (B) are newly added by the Amendment Act: (a) This Section contains special provision as to payment of compensation on "structural formula basis". This is a new provision for payment of compensation to road accident victims as per determined formula. The amount of compensation payable to claimant is calculated in a tabular form and shown in the Second schedule which appears as an annexure to the amendment Act, 1994 ( effective from 14th November 1994). (b) In case of fatal accidents a table of compensation is provided showing the amounts payable depending on the age of the victim and the multiplier applicable. The amount of compensation so arrived at in case of fatal accident claims is reduced by one-third n consideration of the expenses which the victim would have incurred toward maintaining himself had he been alive. (c) Under the schedule, the amount of such compensation shall not be less than a specified amount (currently Rs. 50,0000/-). (d) Besides the amount of compensation outlined above for fatal cases, the schedule also indicates;10 (i) General Damages of specified amounts payable in case of death for; * Funeral expenses. * Loss of consortium, if beneficiary is the spouse. * Loss of estate. * Medical expenses, that is, actual expenses incurred before death, supported by bills/ vouchers, not exceeding a specified amount. (ii) General Damages o specified amount are payable in case of injuries and disabilities for:- * Pain and suffering for grievous and non-grievous injuries. * Medical expenses, that is , actual expenses incurred supported by bills/voucher not exceeding, as one time payment, specified amount. (iii) Disability in non-fatal accidents: Compensation for loss of Income, if any , for actual period of disablement not exceeding 52 weeks, PLUS either of the following: * In case of payment total disablement, the amount payable shall be arrived at by multiplying the annual loss of income by the multiplier applicable to the age on the date of determining the compensation, or * In case of permanent partial disablement, ...read more.

Conclusion

4. Original bills of expenses incurred on the treatment along with treatment record. 5. Documents of the educational qualifications of the deceased, if any. 6. Disability Certificate, if already obtained, in an injury case. 7. The proof of income of the deceased/injured. 8. Documents about the age of the victim. 9. The cover note of the third party insurance policy, if any. 10. An affidavit in support of the above documents and detailing the relationship of the claimants with the deceased. CASE ANALYSIS Rita Devi (SMT) And others v. New India Assurance Co.Ltd. And Another12 STATEMENT FO FACTS 1. D was the driver of an autorickshaw owned by another person and registered as a public carrier vehicle for hire by passenger. It was insured with the respondent also. 2. On 22-3-1995 some unknown person hired the autorickshaw but subsequently stole away the same and killed D. 3. D's legal representatives filed a claim petition under Section 163-a of the Motor Vehicle Act, 1988 claiming damages for the death of D caused during the course of his employment under the owner of the said autorickshaw as a death caused in an accident arising out of the use of Motor vehicle. 4. The claims tribunal allowed the claim against the owner of the autorickshaw and also fastened legal & statutory liability on the insurer. The insurer, respondent herein, preferred an appeal before the High court which allowed the same on the ground that the case was one of murder & not of an accident. QUESTION BEFORE THE COURT Whether the insurance company is liable to pay compensation? JUDGEMENT OF THE COURT The owner of the vehicle was liable to compensate the death of the driver in money value. Since there was an agreement between the vehicle-owner & the respondent Insurance Company to compensate the employer of the vehicle with sum of Rs. 281500 RATIO If the dominant intention of the Act of felony is to kill any particular person then such killing is not an accidental murder but is murder. ...read more.

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