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Motor Vehicles Act 1988
1[THE SECOND SCHEDULE
(See section 163A)
SCHEDULE FOR COMPENSATION FOR THIRD PARTY FATAL ACCIDENT/INJURY CASES CLAIMS
1. Fatal Accidents:
Annual Income Rs. 3000 Rs. 4200 Rs. 5400 Rs. 6600 Rs. 7800 Rs. 9000 Rs. 10200 Rs. 11400 Rs. 12000 Rs. 18000 Rs. 24000 Rs. 36000 Rs. 40000 AGE OF VICTIM MULTI- PLIER RUPEES IN (THOUSANDS Comipensation in case of death Rs Rs. Rs. Rs. Rs. Rs Rs i. Rs. Rs. Rs. Rs. Rs. Rs. Up to 15 yrs. 15 60 84 108 132 156 180 204 228 240 360 480 720 800 Above 15 yrs. but not exdg. 20 yrs. 16 57 79.8 102 125.4 148.2 171 193.8 216.6 228 342 456 684 760 Above 20 yrs. but not exdg. 25 yrs. 17 54 75.6 97.2 118.6 140.4 162 183.6 205.2 216 324 432 648 720 Above 25 yrs. but not exdg. 30 yrs. 18 51 71.4 91.8 112.2 132.6 153 173,4 193.8 204 306 408 612 680 Above 30 yrs. but not exdg. 35 yrs. 17 50 67.2 86.4 105.6 124.8 144 163.2 192.4 192 288 384 576 640 Above 35 yrs. but not exdg. 40 yrs. 16 50 63 81 95 117 135 153 171 180 270 380 540 600 Above 40 yrs. but not exdg. 45 yrs. 15 50 58.8 75.6 92.4 109.2 126 142,8 159.6 168 252 336 504 560 Above 45 yrs. but not exdg. 50 yrs. 13 50 50.4 64.8 79.2 93.6 108 122,4 136.8 144 216 286 432 480 Above 50 yrs. but not exdg. 55 yrs. 11 50 50 54 66 78 90 102 114 120 180 240 360 400 Above 55 yrs. but not exdg. 60 yrs. 8 50 50 50 52.8 62.4 72 81.6 91.2 96 114 192 286 320 Above 60 yrs. but not exdg. 65 yrs. 5 50 50 50 50 50 54 61.2 68.4 72 108 144 216 240 Above 65 yrs. 5 50 50 50 50 50 50 51 57 60 90 120 180 200Note: The amount of compensation so arrived at in the case of fatal accident claims shall be reduced by l/3rd in consideration of the expenses which the victim would have incurred towards maintaining himself had he been alive.
2. Amount of compensation shall not be less than Rs. 50,000.
3. General Damage (in case of death):
The following General Demages shall be payable in addition to compensation outlined above:
(i) Funeral expenses -Rs. 2,000/-
(ii) Loss of Consortium, if beneficiary is the spouse -Rs. 5,000/-
(iii) Loss of Estate -Rs. 2,500/-
(iv) Medical Expenses-Actual expenses incurred before death supported by bills/vouchers but not exceeding -Rs. 15,000/-
4. General Damages in case of Injuries and Disabilities:
(i) Pain and Sufferings
(a) Grievous injuries -Rs. 5,000/-
(b) Non-grievous injuries -Rs. 1,000/-
(ii) Medical Expenses-Actual expenses incurred supported by bills/vouchers but not exceeding as one time payment -Rs. 15,000/-
5. Disability in non-fatal accidents:
The following compensation shall be payable in case of disability to the victim arising on of non-fatal accidents: Loss of income, if any, for actual period of disablement not exceeding fifty two weeks.
PLUS either of the following:-
(a) In case of permanent 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
(b) In case of permanent partial disablement such percentage of compensation which would have been payable in the case of permanent total disablement as specified under item (a) above.
Injuries deemed to result in Permanent Total Disablement/Permanent Partial Disablement and percentage of loss of earning capacity shall be as per Schedule I under Workmen’s Compensation Act, 1923.
6. Notional income for compensation to those who had no income prior to accident:-
Fatal and disability in non-fatal accidents:-
(a) Non-earning persons -Rs. 15,000 p.a
(b) Spouse -Rs. l/3rd of income of the earning/surviving spouse.
In case of other injuries only “General Damage” as applicable.]
1. Ins. by Act 54 of 1994, sec. 64 (w.e.f. 14-11-1994).