Apni Law Staff asked 2 years ago
My friend, a young man of 26, tragically passed away in a motorcycle accident in 2012 due to reckless driving by a tempo driver. He was the only child of his parents, who are now 61 and 58, and the sole breadwinner for the family. They filed a compensation case in the district court, but the insurance company is delaying the proceedings. His monthly salary was ₹35,000 (₹12,000 basic + ₹23,000 incentives).
I have a few questions about this situation:
1. Can incentives be considered while calculating compensation, as they were a part of his regular income?
2. What would be a fair compensation amount in this case?
3. Can the insurance company appeal the court’s decision in a higher court?
4. If both his parents pass away, would his sister be entitled to the compensation amount?
Best Answer
Apni Law Staff answered 2 years ago
Yes, incentives can be considered as part of his regular income for compensation calculations. A fair amount would depend on various factors including age, income, loss of future earnings, and dependents. The insurance company can appeal the court’s decision in a higher court. If both parents pass away, his sister may be entitled to the compensation depending on the specific provisions of the court order and the law.
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