Accident victims wait for compensation despite Delhi High Court order
Accident victims wait for compensation despite Delhi High Court order
"My husband died three years ago. A car hit him and took away the sole breadwinner of our family. I am yet to
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Meenu Raza with her children |
receive the compensation of Rs 20 lakh."
Meenu Raza - mother of two young children - is one among thousands of people in the Capital, waiting endlessly to get the compensation under the special scheme of the Delhi police, devised for the settlement of accident claims within 120 days.u00a0u00a0
Despite the scheme formulated under the laws prescribed by Motor Vehicles Act (MVA) and Delhi Legal Service Authority (DLSA) for speedy settlements, the victims are forced to suffer the humiliation of standing in the courtroom after every couple of months.u00a0u00a0
"My husband was only 34 years old when the incident happened. These never-ending court procedures only deepen the hurt caused by the loss of my husband. It is unbearable to stand in court and relive the incident over and over again," said a teary-eyed Raza.
"The future of my children is at stake. I am not earning enough to provide them a secure future," added Raza, a private school teacher in Kalkaji.
For Mohammed Aziz, dealing with the legal battle hasn't been easy either. Aziz lost his wife four years ago when a speeding truck killed her.u00a0 Not only have the court proceedings drained Aziz, he was at his wit's end when the insurance company refused to pay him the compensation of Rs four lakh.
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The scheme is based on the guidelines issued by Delhi High Court that has fixed a four- month period for settling all the claims related to accidents. The scheme will be initiated as a pilot project from April 4, 2010. It also includes a period of 30 days for repeal if the compensation amount is not considered enough by the victim's family.u00a0 |
"The matter was settled by the court and the company was asked to pay the compensation at the earliest, but it's been more than four months now. The insurance company is delaying the payment on some pretext or the other," said Aziz's lawyer Falak Mohammad Meo.
"Aziz had earlier demanded a compensation of Rs 10 lakh but settled for a lesser amount so that the poor family can get rid of the lengthy legal battle," added the lawyer.
"The process involves a lot of parties besides the victim's family and the accused. The matter often gets stuck with the police and insurance company," said Meenu's lawyer Anwar Ahamd Khan. He added that in Delhi alone more than 3,000 people are waiting for compensation related to road accidents.
"I wish the scheme helps the victims and doesn't make them face an ugly situation of asking for compensation from the accused,"said Meenu.
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A road accident covers two aspects for claim of compensation, the compensation imposed on the person accused of committing the offence and the claim from the insurance company. In case where the fault of the driver is not proved, the legal heirs of the deceased are entitled to no fault liability, which is presently fixed at Rs 50,000. In case the death has occurred due to the fault of the driver, the compensation is calculated on the basis of the life expectancy of the deceased multiplied by his income. The income for the purposes of this calculation is 50 per cent of the actual income, which the deceased used to receive and the rest is deducted as self expenditure. The state of the health of the deceased and his past health record is also taken into consideration while deciding the compensation. |
