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Gather evidence Make a note of the incident in any accident book where your injury took place, take names and addresses of witnesses and if appropriate take photographs of the area. Remember to keep receipts as evidence if you are intending to claim compensation for expenses such as prescription costs and travelling.
To determine compensation in conformity with the legislation, the formulas in Section 4 of the Workmen's Compensation Act are used: If an accident results in death, pay the appropriate factor 50% of the dead employee's monthly wage, or Rs. 1,20,000, whichever is higher.
Procedure to Claim the Compensation Every notice submitted should be with the name and address of the person injured and also by including the cause of the injury and the date on which the accident occurred. Then submit the claim application to the commissioner within two years from the date of the accident.
If a driver is involved in an accident in India and if it caused victim's death then, a minimum of INR 50,000/- and if permanent disablement is caused then, a minimum of INR 25,000/- must be paid as compensation. A claims tribunal can pay even more after considering the case.
To determine a potential settlement value, they first combine the total of medical expenses to date, projected future medical expenses, lost wages to date and projected future lost income. The resulting sum is then multiplied by the pain and suffering multiplier value to produce a projected settlement amount.