TBK Article 53: Those who are deprived of the support of the deceased may claim financial compensation.
Persons Considered as Support
- Spouse, child, parents (even if not legal heirs)
- Fiancee (if there is concrete support)
- Step-child (actual support)
- In need of care sibling
Calculation
- Income of the deceased
- Balance life expectancy (TRH 2010)
- Active/passive period
- Share rates (per spouse, child)
- Discount
Insurance Limit
- Traffic insurance death benefit (annual updated)
- Excess part from the defective driver
Supreme Court 17. HD
17. HD adopts that "TRH 2010" should be used in the calculation of loss of support and unregistered income should also be evaluated for those working for minimum wage.
Compensation lawyer is a must.