39
Thursday 10 July, 2014 Trending Topics: Supreme Court rules on dying declaration - Delhi govt asked to com e up wit h a witness protection progra m Search  powered by Nav igate... Delhi HC calls for st rict Legal Advice | By VakilNo1 Sample Questions – Motor  Ac ci den t C om pen sa tio ns Sponsored links Pag e Content s [hide] Q 1. I met with an acc ident while driving a car and seriously injured another person. Is it by itself an offence punishable in law or there are other requirements which reacquire to be proved? Q 2. I had lodged a case for insurance on account of motor accident, wh ich took place. The T ribunal held that the liability of the Insurance Compan y is limited to Rs. 20000 /- only. W hether Tribunal is right in saying so and what is my remedy against said order? Q 3. Can a person be entitled to interest on compensation granted in a motor ac cident case. What is the normal rate of interest in such cases? Q 4. Give a detailed legal pro cedure to deal with motor accidents. Q 5. I want to know the legal procedure followed, when we meet  with an accident i.e. someone is going on a scooter and unfortunately dashes a person cro ssing road, both fell down and get injuries. Bu t unfortunately the Motor Accident Compensations - Legal Queries 10-07-2014 http://www.vakilno1.com/legal-advice/accident-qns.html 1 / 38

Motor Accident Compensations

Embed Size (px)

DESCRIPTION

Legal Queries

Citation preview

  • 5/22/2018 Motor Accident Compensations

    1/38

    Thursday 10 July, 2014

    Trending Topics:Supreme Court rules on dying declaration

    - Delhi govt asked to come up with a witness protection

    program

    Search

    powered by

    Navigate...

    Delhi HC calls for strict

    Legal Advice| By VakilNo1

    Sample Questions MotorAccident Compensations

    Sponsored links

    Page Contents [hide]

    Q1. I met with an acc ident while

    driving a car and seriously injured

    another person. Is it by itself an

    offence punishable in law or there

    are other requirements which

    reacquire to be proved?

    Q2. I had lodged a case for insurance

    on account of motor accident, which

    took place. The Tribunal held that

    the liability of the Insurance

    Company is limited to Rs. 20000/-

    only. Whether Tribunal is right in

    saying so and what is my remedyagainst said order?

    Q3. Can a person be entitled to

    interest on compensation granted in

    a motor accident case. What is the

    normal rate of interest in such

    cases?

    Q4. Give a detailed legal procedure

    to deal with motor accidents.

    Q5. I want to know the legal

    procedure followed, when we meet

    with an accident i.e. someone is

    going on a scooter and

    unfortunately dashes a person

    crossing road, both fell down and get

    injuries. But unfortunately the

    Motor Accident Compensations - Legal Queries 10-07-2014

    http://www.vakilno1.com/legal-advice/accident-qns.html 1 / 38

    http://www.vakilno1.com/author/adminhttp://www.vakilno1.com/category/legal-advicehttps://twitter.com/vakilno1comhttps://www.youtube.com/user/Vakilnumber1http://www.facebook.com/Vakilno1comhttp://www.vakilno1.com/legal-advice/accident-qns.htmlhttp://feeds.feedburner.com/vakilno1http://www.vakilno1.com/latest-notifications/delhi-hc-calls-strict-measures-tackle-female-foeticide.htmlhttp://news.vakilno1.com/delhi-govt-asked-to-come-up-with-a-witness-protection-program-12441.htmlhttp://news.vakilno1.com/supreme-court-rules-on-dying-declaration-12449.htmlhttp://www.vakilno1.com/
  • 5/22/2018 Motor Accident Compensations

    2/38

    person crossing road dies in

    hospital. What is the procedure

    followed to solve the case legally?

    Note: the driver has a perfect

    driving license, the scooter has a

    third party insurance, and also the

    driver was not going in any wrong

    root. It was a mutual collision.

    Specify the ways to recoverinsurance amount will we have to go

    to court. And if we go to court what

    could be punishment and penalty to

    the driver?

    Q6.The injured of the road accident

    files simultaneously the criminal

    case and c laim under MACT. In the

    MACT case the driv er, owner, and

    the insurance company are

    impleaded as parities. The owner

    takes the defense that the vehicle

    was unauthorisedly / illegally taken

    away by the unknown person who

    now is pleaded as driver in the case.

    Can the insurance company be

    absolved of its liability under MACT

    on plea of the owner that vehicle was

    driven by unauthorized person. The

    valid insurance contract/cover with

    the owner is however not disputed.

    Kindly provide case law fixing

    liability on the insurance company.

    Q7 . My father was walking on the

    street when a scooterist hit him and

    he suffered body injuries. The

    person who hit him is refusing to

    pay. Can my father claim

    compensation from the Insurance

    Company

    Q8. How his compensation in case of

    death of a person calculated ?

    Q9. In case of an accident who isliable. Is the driver or the owner

    who has to be impleaded as a party ?

    Q10. My son died in an road

    accident 1 years back. He left behind

    a wife and 1 child. How much

    compensation should we get?

    Q11. In cases of accident is the

    insurance company liable to pay?

    Q12. Where is the MACT courts

    located in Delhi?

    Q1. I met with an accident

    while driving a car and

    seriously injured another

    person. Is it by itself an offence

    Motor Accident Compensations - Legal Queries 10-07-2014

    http://www.vakilno1.com/legal-advice/accident-qns.html 2 / 38

  • 5/22/2018 Motor Accident Compensations

    3/38

    punishable in law or there are

    other requirements which

    reacquire to be proved?

    A. It has to be proved in case of accident that

    t h e accident was the result of rash and

    negligent driving. Thus the prosecution has

    to be prove that the person who committed

    the accident was driving rashly and negligentlyand only then the offence is proved.

    Q2. I had lodged a case for

    insurance on account of motor

    accident, which took place.

    The Tribunal held that the

    liability of the Insurance

    Company is limited to Rs.

    20000/- only. Whether

    Tribunal is right in saying so

    and what is my remedy againstsaid order?

    A. If there is no evidence on the record to

    show that the liability of the Insurance

    Company was limited to Rs. 20,000/-, the

    finding of the Tribunal is liable to be set aside.

    The liability of an Insurance company, unless

    there is a prohibition to same in a contract or

    otherwise, is unlimited You can challenge the

    said order before the High Court in appeal.

    Q3. Can a person be entitled to

    interest on compensation

    granted in a motor accident

    case. What is the normal rate

    of interest in such cases?

    A. Yes, the claimant is entitled to interest on

    the entire amount of compensation awarded to

    him in a motor accident case. The rate of

    interest varies from case to case and lies in the

    discretion of the court under the

    circumstances of the case.

    Q4. Give a detailed legal

    procedure to deal with motor

    accidents.

    A. A motor accident has two facets, one is the

    commission of criminal offence and the other

    is compensation claim. The person

    responsible for causing the accident bynegligent driving is liable to be booked for

    criminal offence, further liable to pay

    compensation to the victim. However, if the

    vehicle is insured, insurance company will

    pay.

    Motor Accident Compensations - Legal Queries 10-07-2014

    http://www.vakilno1.com/legal-advice/accident-qns.html 3 / 38

  • 5/22/2018 Motor Accident Compensations

    4/38

    Q5. I want to know the legal

    procedure followed, when we

    meet with an accident i.e.

    someone is going on a scooter

    and unfortunately dashes a

    person crossing road, both fell

    down and get injuries. But

    unfortunately the personcrossing road dies in hospital.

    What is the procedure

    followed to solve the case

    legally? Note: the driver has a

    perfect driving license, the

    scooter has a third party

    insurance, and also the driver

    was not going in any wrong

    root. It was a mutual collision.

    Specify the ways to recover

    insurance amount will wehave to go to court. And if we

    go to court what could be

    punishment and penalty to the

    driver?

    A. When an accident takes place, a case is

    registered by the Local Police. In your case as

    the person has died, the criminal case will

    attract Section 304 A of the Indian Penal

    Codewhich provides for offences relating to

    death due to negligence. The State has to

    prove that the accident took place with your

    scooter and you were driving the same rashly

    and negligently. In such cases the statements

    of the eye witnesses (if any) to the accident is

    required to be produced during the trial. It is

    also to be proved that the pedestrian was not

    at any fault. To claim compensation you have

    to file a separate petition under Motor Vehicle

    Act in theMotor Accident Claim

    Tribunal. Even if the fault of driver is not

    proved still the legal heirs of the deceased will

    be entitled to no fault liability from the

    Insurance Company.

    Q6.The injured of the road

    accident files simultaneously

    the criminal case and claim

    under MACT. In the MACT

    case the driver, owner, and the

    insurance company are

    impleaded as parities. Theowner takes the defense that

    the vehicle was unauthorisedly

    / illegally taken away by the

    unknown person who now is

    Motor Accident Compensations - Legal Queries 10-07-2014

    http://www.vakilno1.com/legal-advice/accident-qns.html 4 / 38

  • 5/22/2018 Motor Accident Compensations

    5/38

    pleaded as driver in the case.

    Can the insurance company be

    absolved of its liability under

    MACT on plea of the owner

    that vehicle was driven by

    unauthorized person. The

    valid insurance contract/cover

    with the owner is however not

    disputed. Kindly provide caselaw fixing liability on the

    insurance company.

    A. The owner is liable for the wrongs

    committed by his servants only if there was

    consent/ permission from the master to the

    servant. If the owner is able to prove

    successfully (which is most unlikely), the

    owner will not be liable to pay compensation

    and consequently insurance company will not

    be liable as the insured / owner.

    Q7. My father was walking on

    the street when a scooterist hit

    him and he suffered body

    injuries. The person who hit

    him is refusing to pay. Can my

    father claim compensation

    from the Insurance Company

    A. If the vehicle which hit your father had a

    third party insurance then you will have to

    implead Insurance Company as one of the

    parties to the Compensation Application

    which is to be filed before the Motor Accident

    Claim Tribunal.

    Q8. How his compensation in

    case of death of a person

    calculated ?

    A. In the 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% of the actual income

    which deceased used to receive as the rest is

    deducted as the self expenditure. The state of

    the health of the deceased and his past healthrecord is also taken into consideration while

    deciding the compensation.

    Q9. In case of an accident who

    is liable. Is the driver or the

    Motor Accident Compensations - Legal Queries 10-07-2014

    http://www.vakilno1.com/legal-advice/accident-qns.html 5 / 38

  • 5/22/2018 Motor Accident Compensations

    6/38

    owner who has to be

    impleaded as a party ?

    A. In case of an accident both the owner and

    the driver are to be impleaded as parties. In

    such cases the liability of the driver is only a

    vicarious in nature while the owner has an

    absolute liability.

    Q10. My son died in an road

    accident 1 years back. He left

    behind a wife and 1 child. How

    much compensation should we

    get?

    A. In the 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% of the actual income

    which deceased used to receive as the rest is

    deducted as the self expenditure. The state of

    the health of the deceased and his past health

    record is also taken into consideration while

    deciding the compensation. Wife along with

    the children of the deceased can file a case

    with Motor Accident Claim Tribunal to

    claim the compensation.

    Q11. In cases of accident is the

    insurance company liable to

    pay?

    A. If the vehicle which hit the person had a

    third party insurance then he will have to

    implead Insurance Companyas one of the

    parties to the Compensation Application

    which is to be filed before the Motor Accident

    Claim Tribunal and only in such cases

    Insurance Company will be liable.

    Q12. Where is the MACT courts

    located in Delhi?

    A . Motor Accident Claim Tribunals in

    Delhi are located at three places namely Tis

    Hazari Courts, Patiala House Courts and

    Karkardooma Courts. Cases are to be filedaccording to the Police Station in which the

    FIR of the Accident was registered and the

    respective Courts under whose jurisdiction the

    Police Station lies.

    Motor Accident Compensations - Legal Queries 10-07-2014

    http://www.vakilno1.com/legal-advice/accident-qns.html 6 / 38

  • 5/22/2018 Motor Accident Compensations

    7/38

    Related News

    How to filea ConsumerComplaint in

    India ?

    Who canclaimreliefunder the

    Protectionof Women

    New CJI forstricterrules of

    adjournmentin court

    Childrenborn out oflive in

    relationshipnot

    Displaying 137 CommentsHave Your Say

    Also See >> Motor Accident Claims Tribunals

    (MACT) decisions on Negligence

    Ads. by Google

    About the AuthorVakilNo1- Vakilno1 is a group of Law

    Enthusiasts and Legal Experts in India with a

    passion to provide the latest info and articles on

    Indian Legal System

    Sandeep Mittal Advocatesays:

    March 24, 2013 at 9:07 am

    Please tell me case law in favour of petitioner

    on FIR delay .

    M L Patelsays:

    March 29, 2013 at 12:11 pm

    Please suggest when mutual legal agreement

    in bike accident case violating by filed

    compensation case before the MACT court.

    besides, parties mutually agreed for not to file

    case before any concerned court and for the

    disposal of the criminal offence also.

    In view of the above, the parrty wbo has legally

    stated on the stamp paper out of court, can he

    violate this agreement by filing MAC petition

    efore MACT.

    Also, pl. tell me that the court can set aside

    such petition for claiming the compensation as

    the due compensation has already paid by the

    another pary and the same has been

    mentioned in the said agreement.

    So please tell me stands of the said case in

    the court and can it be set aside by the court

    as compensation has already been paid vide

    said agreement.

    Motor Accident Compensations - Legal Queries 10-07-2014

    http://www.vakilno1.com/legal-advice/accident-qns.html 7 / 38

    http://www.vakilno1.com/legal-advice/accident-qns.html#comment-518http://www.vakilno1.com/legal-advice/accident-qns.html#comment-84http://www.vakilno1.com/supreme-court/children-born-out-of-live-in-relationship-not-illegitimate-rules-sc.htmlhttp://www.vakilno1.com/supreme-court/children-born-out-of-live-in-relationship-not-illegitimate-rules-sc.htmlhttp://www.vakilno1.com/supreme-court/new-cji-stricter-rules-adjournment-in-court.htmlhttp://www.vakilno1.com/supreme-court/new-cji-stricter-rules-adjournment-in-court.htmlhttp://www.vakilno1.com/legalviews/can-claim-relief-protection-women-domestic-violence-act-2005.htmlhttp://www.vakilno1.com/legalviews/can-claim-relief-protection-women-domestic-violence-act-2005.htmlhttp://www.vakilno1.com/legal-faq/file-consumer-complaint.htmlhttp://www.vakilno1.com/legal-faq/file-consumer-complaint.htmlhttp://www.vakilno1.com/author/adminhttp://www.vakilno1.com/legal-faq/motor-accident-claims-tribunals-mact-decisions-on-negligence.html
  • 5/22/2018 Motor Accident Compensations

    8/38

    Pl. suggest remedy.

    Thanks

    Dr H L Patelsays:

    April 3, 2013 at 12:18 pm

    Is there a single case where a pedestrian jay

    walking runs across the road and dashes into

    a moving vehicle within the speed limit and in

    the extreme right lane, in an area where thereis no pedestrian crossing, and sustains injury,

    where the pedestrian has been penalized?

    Sampath Kumarsays:

    April 3, 2013 at 4:40 pm

    Dear Sir,

    A person drunken and driving his friend car

    (who dont even have a driving license too) and

    hit my friends car, was along with his family

    and all members were escaped with minor

    injuries, my friend car was damaged and

    repairs cost estimated of over Rs. 2 Lakhswhen we asked that drunken person about

    charges, he is not willing to pay and giving the

    reckless answers saying as that on road many

    accidents will happen, why I should respond to

    you.

    Case has been lodged and in the FIR it was

    written as Crime no. 155 U/s 337 of IPC (it

    was a petty accident case it seems, came to

    know from friends)

    So, here my query is: Sir with the above

    things, what type of other sections can be

    included from Traffic Police, Law & order or

    other sections Please help us

    Guruprasad Mahakudsays:

    April 7, 2013 at 9:32 pm

    I got injured in an accident in 3/3/2003 for

    which doctors amputated my right hand from

    above the elbow.Trial was being executed at

    Keonjhar court and compensation was fixed

    too little money i.e. 10,000. So my pleader

    shifted the case to the High court in the year

    2006. But my pleader has not informed about

    the hearings of the case till now . Can I get

    such information on internet? pl. give me

    suggestion to avail such information /

    Gaurav Agrawalsays:

    April 8, 2013 at 5:32 am

    My friend was driving my car (who have a valid

    driving license too) and had minor collision

    with another car while overtaking , there was

    no injuries to both the parties, but both the

    cars got minor damaged and repairs cost

    estimated of over Rs. 2000 to Rs 3000. what

    type of sections can be included from Police,

    Law & order or sections on Me or My Friend

    and what should I do if the second lodges any

    complaint against me Please help Me.

    Antony Mumbaisays:

    April 8, 2013 at 12:53 pm

    Motor Accident Compensations - Legal Queries 10-07-2014

    http://www.vakilno1.com/legal-advice/accident-qns.html 8 / 38

    http://www.vakilno1.com/legal-advice/accident-qns.html#comment-1614http://www.vakilno1.com/legal-advice/accident-qns.html#comment-1595http://www.vakilno1.com/legal-advice/accident-qns.html#comment-1570http://www.vakilno1.com/legal-advice/accident-qns.html#comment-1190http://www.vakilno1.com/legal-advice/accident-qns.html#comment-1167
  • 5/22/2018 Motor Accident Compensations

    9/38

    aim driver while i am driving one person fully

    drunked and fall on my car i had accidend ,

    whats the law in this case how to face the

    problems thank u pls advise me

    Rajni Sharmasays:

    April 15, 2013 at 10:19 pm

    My jiju met with an accident. There were 4

    family members one of them died. My jiju

    recently discharged from hospital. Nw theywant to get justice bt want to make settlement

    with offensive party bt they are ignoring. So plz

    tell us wt shud us do?

    Biswajitsays:

    April 20, 2013 at 12:26 am

    claimant died during pend ency of his claim

    before claims tribunal weather his legal

    representative are entitled to contest the case

    Jastejsays:

    April 20, 2013 at 8:05 pm

    the rights of a person is said to be crystallized

    on the date of filing of the suit. from that point

    of view it seems that LRs are entitled to

    continue with the claim petition.

    Jastej S (Team Vakilno1)says:

    April 24, 2013 at 7:43 pm

    get an FIR registered against the other party (if

    it was the mistake of the other party)

    Rohit Guptasays:

    May 23, 2013 at 10:16 pm

    Dear

    If a person in died in accident with bus and his

    total income of month is rs. 6000/- per month.

    he is un married and his father is totally

    depend on him.

    how to calculate compensation against third

    party in motor vechile act.

    Rohit Gupta

    Jastej S (Team Vakilno1)says:

    May 24, 2013 at 11:04 am

    Multiplier method as given in schedule 1 of

    motor vehicles act 1988 will come in aid here.

    If he spends 1/3rd on himself then after

    deduction yearly income will be calculated and

    then it will be multiplied with the multiplier

    suitable for his age.

    Santoshsays:

    June 9, 2013 at 5:13 am

    sir,My son and wife died in an road accident 5

    years back.Wife along with the children during

    the visit to shirdi (m.h) meet an accident .my

    son is spot death,and wife is injured form head

    injuries. under treatment for head injuries to

    continiousl three month.situation is ver

    Motor Accident Compensations - Legal Queries 10-07-2014

    http://www.vakilno1.com/legal-advice/accident-qns.html 9 / 38

    http://www.vakilno1.com/legal-advice/accident-qns.html#comment-25252http:///http://www.vakilno1.com/legal-advice/accident-qns.html#comment-7308http://www.vakilno1.com/legal-advice/accident-qns.html#comment-7276http://www.vakilno1.com/legal-advice/accident-qns.html#comment-5079http://www.vakilno1.com/legal-advice/accident-qns.html#comment-4158http:///http://www.vakilno1.com/legal-advice/accident-qns.html#comment-4043http://www.vakilno1.com/legal-advice/accident-qns.html#comment-3269
  • 5/22/2018 Motor Accident Compensations

    10/38

    critical at This movement.so iam not file FIR

    against to vihicle owner or driver. but i am file

    to compensation FOR file a case with Motor

    Accident Claim Tribunal JAGAON (M.H)

    and one more thing at time of driving our driver

    licence is expired. I don!t know about fact. my

    advocate case is file Moter vehicle act 1988

    section 163 to campanstation to 4 lakh

    amount .he show my wife house wife but she

    is working women.can rectified amount and

    case, after 5 year,s loss i have no relief from

    court what CAN I DO SIR PL. ADVICE ME [email protected]

    Jastej S (Team Vakilno1)says:

    June 9, 2013 at 7:18 pm

    If you want to make any rectification or

    amendment in the pleadings, then you can

    move an application under Order 6 rule 17 of

    CPC and seek to amend the pleadings.

    Nikhilsays:

    June 12, 2013 at 1:07 am

    I am going through a case with section 304A ,

    i would like to know the process to settle the

    case. The complainant and witnesses of the

    deceased agree to settle the case. Please tell

    me the legal process if we all agree at a sum

    to be paid. What course of action need to be

    taken legally to settle the case and how the

    payment should be made.

    Jastej S (Team Vakilno1)says:

    June 12, 2013 at 12:28 pm

    The cases that can be settled or in legal

    sense compoundable have been given in

    Section 320 CRPC. You can compromise only

    those matters. Some more offences, other

    than as mentioned in section 320 CRPC, can

    be allowed to be compromised only by way of

    filing a quashing petition in the High Court. But

    the powers of the High Court are discretionary

    in nature and for such a heavy offence as

    section 304A IPC, the High Court may be

    reluctant to quash the same.

    Mr Srikantsays:June 12, 2013 at 9:16 pm

    When somebody is found neglect of a

    accident and the person has suffered horrible

    injuries does the person make a claim directly

    at the drivers insurance company or can they

    appoint a representative on behalf of them to

    deal with the matter.On average how long does

    it take from start to finish for a very straight

    forward case to be settled by the other side

    and how much does one expect to receive if

    the prospect has total and permanent

    disability as a result of the accident and

    unable to work again for the rest of his life

    Jastej S (Team Vakilno1)says:

    June 12, 2013 at 11:41 pm

    person has to stake claim directly in the

    Motor Accident Compensations - Legal Queries 10-07-2014

    http://www.vakilno1.com/legal-advice/accident-qns.html 10 / 38

    http://www.vakilno1.com/legal-advice/accident-qns.html#comment-29197http://www.vakilno1.com/legal-advice/accident-qns.html#comment-29195http:///http://www.vakilno1.com/legal-advice/accident-qns.html#comment-29177http://www.vakilno1.com/legal-advice/accident-qns.html#comment-29149http:///http://www.vakilno1.com/legal-advice/accident-qns.html#comment-27136mailto:[email protected]
  • 5/22/2018 Motor Accident Compensations

    11/38

    Court. Where he is disabled to such an extent

    that he could not file a case, in such a case

    he can authorize somebody to file a case on

    his behalf and the former can come in as a

    witness in the case. Generally it takes around

    2 years to settle the claim in the Accident

    Tribunal. Expectation of compensation

    depends upon the facts and circumstances as

    pleaded and proved by you. For Ex. Nature of

    injuries, dependents, disability etc.

    Nabamitasays:

    June 13, 2013 at 10:57 am

    My brother passed away in a road accident in

    2011. The lower court has given a

    compensation of only 19 lacs. He was 25

    years old and working for a reputed it

    company. I donot think his life was worth 19

    lacs. Had he been alive he would have worked

    for another 25 yrs and earned about a cr.Is it

    advisable to move to the high court? Please

    advice.

    Mr Srikantsays:

    June 13, 2013 at 8:32 pm

    Will the insured insurance company deal with

    claims or does it compulsory has to be lodged

    with the courts,i believe not so long ago a

    scooterist was involved in a major incident he

    then took down all particulars of the other

    driver as well has reporting it to the police who

    had it on record,he then took his scooter to be

    repaired and the garage filled out the accident

    damage to submit to the insurance company

    as well as the injuries sustained loss of

    income etc etc and the insurance companymade the payment directly to the client

    J Syamkumarsays:

    June 18, 2013 at 8:51 am

    my father died road accident lower court

    10lacs sanction compensation.insurance

    holder going applied highcourt.my father died

    2004 now 2013 when will spend time total year

    highcourt 7year but no judgement final.plz give

    approximately time complete my case

    Jastej S (Team Vakilno1)says:

    June 18, 2013 at 1:02 pm

    Generally when the Insurance Company goes

    in appeal, the Honble High Court issues

    notice to the respondent/claimant only after

    the Insurance Company releases the amount

    of around 50% or more to the claimant.

    Sometimes where matters are complicated,

    the cases are admitted. So, it might take

    some time then. You can make an application

    for early hearing if your case is admitted.

    Aloksays:

    June 23, 2013 at 9:07 am

    My father 77 years was injured as he came

    out of the gate of the house and was about to

    start his scooter when some vehicle ( no idea

    who came and hit him.He was treated in

    Motor Accident Compensations - Legal Queries 10-07-2014

    http://www.vakilno1.com/legal-advice/accident-qns.html 11 / 38

    http://www.vakilno1.com/legal-advice/accident-qns.html#comment-29595http:///http://www.vakilno1.com/legal-advice/accident-qns.html#comment-29374http://www.vakilno1.com/legal-advice/accident-qns.html#comment-29363http:///http://www.vakilno1.com/legal-advice/accident-qns.html#comment-29229http://www.vakilno1.com/legal-advice/accident-qns.html#comment-29215http:///
  • 5/22/2018 Motor Accident Compensations

    12/38

    hospital and about Rs. 2 lacs were spent on

    treatment. He had valid scooter insurance,

    driving licence . He expired after 2 days. An

    FIR has been filed by me . What can we

    expect on the FIR , the compensation to my

    mother, and other legal outcomes of the case

    .please suggest. Can we get back the amount

    spent on the treatment.

    Sanjeev Kumarsays:June 23, 2013 at 9:40 am

    Sir, I had purchased a vehicle on 31.03.2013

    and my vehicle was regd. in RTO on

    02.04.2013. Sir, but my motor insurance starts

    from 31.03.2013. I have a small question

    please response How can Insurance agent of

    The New

    India Assurance Co. Ltd. has insured my

    vehicle without registration.

    Jastej S (Team Vakilno1)says:

    June 23, 2013 at 12:34 pm

    you can file a claim case before the Motor

    Accident Claim Tribunal. you must consult

    some local advocate in this regard. This is

    because of the reason that the procedure for

    claiming compensation, even if I explain to

    you, you will not be able to file a case in this

    regard on your own. You will have to take

    active advice from some local advocate.

    Chandramore Pravinsays:

    June 25, 2013 at 11:11 am

    Dear sir,my mother & brother expired in a car accident

    in the year jan 2011, two years pass by still

    we didnt recieved a claim,

    please guide me hw much time it took.

    the lawer is taking to much of time. pls give

    your suggestion.

    Jastej S (Team Vakilno1)says:

    June 25, 2013 at 11:52 am

    Generally, it takes around 2 years in such

    cases. The only way is to request your

    advocate to expedite the trial. However, theremay such cases where witnesses are absent

    or could not be found. The time taken depends

    upon the facts and circumstances of each

    case.

    Randheer Singhsays:

    June 27, 2013 at 12:53 pm

    My 29 year old son died in a road accident. He

    was a government employee but probationer at

    the time of accident. His monthly salary was

    Rs.6400/- pm fixed for 2 years but after

    completion of 2 years his salary would havebeen Rs. 24800 /- pm in full scale benefit.

    Before joining in government service he filed 2

    income tax returns also of 2 lac pa. what figure

    should be counted for his annual income.

    Anybody show me the wayany previous

    decesion of high court / supreme court tell

    Motor Accident Compensations - Legal Queries 10-07-2014

    http://www.vakilno1.com/legal-advice/accident-qns.html 12 / 38

    http://www.vakilno1.com/legal-advice/accident-qns.html#comment-29800http:///http://www.vakilno1.com/legal-advice/accident-qns.html#comment-29689http://www.vakilno1.com/legal-advice/accident-qns.html#comment-29684http:///http://www.vakilno1.com/legal-advice/accident-qns.html#comment-29599http://www.vakilno1.com/legal-advice/accident-qns.html#comment-29597http:///
  • 5/22/2018 Motor Accident Compensations

    13/38

    me

    Beepeesays:

    June 28, 2013 at 1:30 pm

    once i was driving my car and my colleague

    was also with me, we met with accident, my

    colleague died and i got hurt,now colleague

    parents is asking for compensation,is it legal

    or can i go to the court against of it

    Jastej S (Team Vakilno1)says:

    June 28, 2013 at 2:33 pm

    your colleagues parents can claim

    compensation from your insurance company.

    Bhargavsays:

    July 2, 2013 at 1:03 am

    once i was driving my car and one of my friend

    was with me, we met with accident, my friend

    died and i got injured. now my friend,s brotheris asking for a particular amount.and

    threatening me for police case.kindly advise

    me what to do in this situation.

    Jastej S (Team Vakilno1)says:

    July 3, 2013 at 12:22 pm

    when did the event occur?

    Nileshsays:

    July 3, 2013 at 11:14 pm

    My brother met with an accident ,he was going

    wid his friends

    family .My brother and 7 others died in

    same.My brother was driving the car and he

    has valid DL,first party insurance.

    Now my brothers friend family hire a advocate

    to claim on us.

    Please let em know in which situation that

    claim can come on us.??Plz reply.

    Jastej S (Team Vakilno1)says:

    July 4, 2013 at 12:08 am

    They will also make your insurance company

    as a party in the said case. If your insurance

    is proper then in the event of giving

    compensation, your insurance company will

    be paying on your behalf and you will not be

    liable.

    Abhinavsays:

    July 4, 2013 at 9:18 am

    hello

    my brother got involved in an accident he wasdrunk nd blood report showed alcohol of .6 so

    now the party injured got admitted and he had

    medical insurance so he claimed medical

    expenses through medical insurance so m i

    liable to pay that too other than his pain and

    salary for not being able towrok. He had a

    shoulder fracture nd head inur he dau ther

    Motor Accident Compensations - Legal Queries 10-07-2014

    http://www.vakilno1.com/legal-advice/accident-qns.html 13 / 38

    http://www.vakilno1.com/legal-advice/accident-qns.html#comment-30052http:///http://www.vakilno1.com/legal-advice/accident-qns.html#comment-30042http://www.vakilno1.com/legal-advice/accident-qns.html#comment-30041http:///http://www.vakilno1.com/legal-advice/accident-qns.html#comment-30029http://www.vakilno1.com/legal-advice/accident-qns.html#comment-29971http://www.vakilno1.com/legal-advice/accident-qns.html#comment-29839http://www.vakilno1.com/legal-advice/accident-qns.html#comment-29836
  • 5/22/2018 Motor Accident Compensations

    14/38

    had head injury that too was claimed by

    medical insurance.

    And what about state case after compromise

    would there be any jail term?

    Jastej S (Team Vakilno1)says:

    July 4, 2013 at 2:01 pm

    The injured party can seek compensation

    under Motor vehicles act. If your vehicle was

    insured then there will be no problem becausewhatever the MACT decides, the same will

    paid by the Insurance Company. So far as the

    criminal case is concerned, if the other party

    is injured the offence might be compoundable.

    If it is compoundable then there will be no jail

    term.

    Bhargavsays:

    July 8, 2013 at 10:28 am

    sir it has been four month for this case.

    Brijeshsays:

    July 11, 2013 at 6:22 pm

    my truck was missing on 5 jan-05,and lodge

    FIR,what road tax is payble or not?plz give rule

    & law.

    Karansays:

    July 11, 2013 at 11:39 pm

    Important information need to

    share in the public interest .And to

    help prevent corruption ..If you are not carrying license or

    vehicle papers and you are being

    challaned, dont pay the fine

    immediately , you will get a legal 15

    days to show the papers. Your

    challan can get cancelled by

    showing the papers within 15 days

    of the challan date.

    The information is via the Right to

    Information Act.

    Kindly share this information !

    is it true

    cn i get the section where it is stated?

    Ramesh Karjesays:

    July 12, 2013 at 5:04 pm

    hi

    i met with an accident on 28th april in my ritz

    car @ bangalore It was driven by a driver &

    banged behind honda city car. My self & my

    mother both got major fractures & bedridden

    for 4 months. 2 months completed, the total

    loss due to medical expenses & loss of pay is

    crossed 4 lakh rupees. Till now driver paid

    penalty @ court for his mistake. What is the

    next procedure to get compensation for injury

    for my mother & myself

    Jastej S (Team Vakilno1)says:

    July 12, 2013 at 10:29 pm

    Motor Accident Compensations - Legal Queries 10-07-2014

    http://www.vakilno1.com/legal-advice/accident-qns.html 14 / 38

    http://www.vakilno1.com/legal-advice/accident-qns.html#comment-30301http://www.vakilno1.com/legal-advice/accident-qns.html#comment-30297http://www.vakilno1.com/legal-advice/accident-qns.html#comment-30261http:///http://www.vakilno1.com/legal-advice/accident-qns.html#comment-30253http:///http://www.vakilno1.com/legal-advice/accident-qns.html#comment-30160http://www.vakilno1.com/legal-advice/accident-qns.html#comment-30062
  • 5/22/2018 Motor Accident Compensations

    15/38

    Where the injuries have been caused due to

    the negligence of other motor vehicle, then you

    can file a case under Motor Vehicles Act 1988

    for grant of compensation on account of loss

    etc.

    Vinod Msays:

    July 15, 2013 at 10:12 pm

    My Parents met with an accident, they were

    on a two wheeler and were dashed by aTruck,both of them died in that accident.Under

    which section should we file the claims for

    compensation. and for what amount. My father

    was 62 years old and mother 55 years.

    Abhilashsays:

    July 17, 2013 at 9:15 pm

    i met with an accident to a scooter which was

    driven by a guy in alchoholic content of 13mg

    in his body. and he had claimed 700000lakhs

    in the court . did i am liable to pay the

    compensation or not? please help me

    Jastej S (Team Vakilno1)says:

    July 21, 2013 at 7:33 pm

    Firstly, make sure that your vehicle was

    insured at that time. Then in the event of the

    case, if your fault is established then you need

    not pay anything and the insurance company

    will be making the payment.

    Jastej S (Team Vakilno1)says:

    July 21, 2013 at 7:51 pm

    You can file a claim petition either u/s 166 or

    163-A of Motor Vehicle Act, depending upon

    the facts and circumstances of the case.

    Shameemsays:

    July 27, 2013 at 12:06 am

    Dear sir my brother is highly injured in

    accident. One of the car hit the my brother,

    and car driwar have no license. pls give me

    suggestion and section ,which sec apply for

    punishment and copnsession.Thanx

    Jastej S (Team Vakilno1)says:

    July 27, 2013 at 5:00 pm

    For punishment the offender can be booked

    u/s 279 and 337 of Indian Penal Code. For

    compensation you can file a claim petition

    under Section 163-A or Section 166 of the

    Motor Vehicles Act 1988.

    Ms.Chiasays:

    August 19, 2013 at 7:46 pm

    Motorcycle without a license, drive load

    unexpected hit others, how to take legal action

    Motor Accident Compensations - Legal Queries 10-07-2014

    http://www.vakilno1.com/legal-advice/accident-qns.html 15 / 38

    http://www.vakilno1.com/legal-advice/accident-qns.html#comment-31318http:///http://www.vakilno1.com/legal-advice/accident-qns.html#comment-30873http://www.vakilno1.com/legal-advice/accident-qns.html#comment-30851http://no/http://www.vakilno1.com/legal-advice/accident-qns.html#comment-30594http://www.vakilno1.com/legal-advice/accident-qns.html#comment-30587http://www.vakilno1.com/legal-advice/accident-qns.html#comment-30427http://www.vakilno1.com/legal-advice/accident-qns.html#comment-30385http:///
  • 5/22/2018 Motor Accident Compensations

    16/38

    Mr S Kentsays:

    August 19, 2013 at 9:05 pm

    I was wondering is there any Claim Companies

    in India who can assist victims of non fault

    accidents just like there is the USA/United

    Kingdom.If not can a company be set up and

    what is the average time scale to settle

    straight forward accident claims assuming

    there is no dispute in Liability

    Thanks

    Mr Kent

    Gaurav Choprasays:

    September 24, 2013 at 9:16 pm

    My father met with an accident around 2

    months ago and the vehicle no. which was

    provided by public was wrong as informed by

    police. In case vehicle remains untraced is

    there any provision we will get compensation

    from government wherein my father was badly

    injured and he has gone through 3 surgeries.

    We have spent around 4 lacs already and

    treatment is still in process.

    Ajay Gargsays:

    October 17, 2013 at 6:56 pm

    A was driving a bus on a kacha road at high

    speed .there were iron sheets placed on the

    top the bus.on way some of the iron sheets fell

    down on the head of B and also injured some

    other persons walking on the road .B was

    carried to hospital by A.B died after a

    month.HasA commited any offence?please

    suggest me some points to defend the driver of

    the bus.

    Rahul Gargsays:

    October 17, 2013 at 7:32 pm

    A was driving a bus on a kacha road at high

    speed .there were iron sheets placed on the

    top the bus.on way some of the iron sheets fell

    down on the head of B and also injured some

    other persons walking on the road .B was

    carried to hospital by A.B died after a

    month.HasA commited any offence?please

    suggest me some points to defend the driver of

    the bus.

    ASRsays:

    October 22, 2013 at 8:48 pm

    HI Legal Experts,

    Undergoing a case filed by scooty rider(56

    years/85kgs.,), smashed her scooty to my car

    3 and a 1/2 months ago. It was hardly 100

    mts., distance from the cross-roads and they

    consider me at fault at stake, however, she un-

    consciously banged her scooty to my car left

    vertical door-pan. I dropped her to hospital

    along with her husband keep informed, beard

    medical expenses, however to my utter

    astonishment, he filed FIR against me. I got

    intimation, now, my car got ceased by the

    local police, despite of the known fact that the

    cell number i was traced with, is found my the

    victim, proves i called him, then. M lost Alice

    Motor Accident Compensations - Legal Queries 10-07-2014

    http://www.vakilno1.com/legal-advice/accident-qns.html 16 / 38

    http://www.vakilno1.com/legal-advice/accident-qns.html#comment-32077http:///http://www.vakilno1.com/legal-advice/accident-qns.html#comment-32040http://www.vakilno1.com/legal-advice/accident-qns.html#comment-32039http:///http://www.vakilno1.com/legal-advice/accident-qns.html#comment-31870http:///http://www.vakilno1.com/legal-advice/accident-qns.html#comment-31321
  • 5/22/2018 Motor Accident Compensations

    17/38

    in wonder land and no clue for the next

    proceeding !!!

    ITs ALWAYS BIG VEHICLE AT FAULT??? Is

    it an amendment in our Indian constitutions?

    Mayuri Parmarsays:

    October 26, 2013 at 8:03 pm

    I drive two wheeler on one side & another two

    wheeler done accident then what i do?the another party calling me for money, for

    their vehicle damages, when i also damage my

    vehicle.

    Give me legal procedure for solve this problem,

    fast as soon as possible. plz

    Harvinder Singhsays:

    October 29, 2013 at 5:15 pm

    Dear Sir,

    While I was taking turn to my right side T-

    point from main road to a small road. A

    furious biker was coming from oppositedirection on main road collided with my car at

    the turning point when I was almost turned to

    small road. He became hopeless and didnt

    even apply his bike breaks.It is non-

    residential(agriculture fields)area.He was

    injured seriously and fainted at the movement.

    I took him to hospital and paid for initial

    medical test and treatment and called his

    family members. He lost his two teeth and had

    to admit in hospital for a week. Except first

    bills rest of his medical expenses were born

    by his family. Bike driver is of middle age and

    might not have driving licence. First his family

    ask to me for over one lac compensation

    which they spent on his treatment though I

    agreed to pay 25 thousand but did not accept

    my offer. Finally, his nephew had filed case for

    rash and negligence driving. I had bailed

    myself and my car too. Sir I dont have

    knowledge of legal procedures, would you

    please suggest how long this case will take to

    get settle and what penalty I could get to bear

    in any case. Court already has sent summon

    and I have appeared at Court once and next

    date has given to me appear next month.

    Thanking you

    B.Narayana Reddysays:

    October 30, 2013 at 12:52 am

    Sir, where petition maintainable claiamate

    is mother of deceased was expired during

    pending of motor vehicle accident case in

    tribunal ,can legal heirs can claim ,mother

    share of compensation..bnreddy

    Tussharsays:

    November 4, 2013 at 12:41 pm

    sir , my brother met with an acident , one

    person hit him and the person deid in spot ,my brother is seriously injured , that person

    didnt have licence , the bike is also not of him

    , they lodge police complain , and we gave a

    statement also in police station , we are not

    so rich , so ..ligaly we have to pay

    compensation ? plz help us

    Motor Accident Compensations - Legal Queries 10-07-2014

    http://www.vakilno1.com/legal-advice/accident-qns.html 17 / 38

    http://www.vakilno1.com/legal-advice/accident-qns.html#comment-32153http:///http://www.vakilno1.com/legal-advice/accident-qns.html#comment-32130http://nil/http://www.vakilno1.com/legal-advice/accident-qns.html#comment-32126http:///http://www.vakilno1.com/legal-advice/accident-qns.html#comment-32112http:///
  • 5/22/2018 Motor Accident Compensations

    18/38

    Sumantsays:

    November 12, 2013 at 1:06 pm

    sir, I have sold my m800 car on may2013, thru

    ad on olx and after filling form 29 & 30, sale

    receipt and delivery note signed by the party

    and ID proof of the buyer, I handed over the

    possession of the car to the party with the

    note that he will change the R.C himself as he

    insisted and will be responsible for anymishappening & I was the 3rd owner. In july13

    it met an accident and he himself alongwith 2

    other person died at agra. Now notice have

    been sent for compensation to me as the RC

    was not changed by him.

    What is the liability of mine in this case and

    how can defend my case & prove my

    innocence.

    Vishal Telkarsays:

    November 16, 2013 at 11:24 am

    Sir,

    I met with an accident on 4th oct 2013 in

    Chiplun while traveling to Ratnagiri, I was on

    the driving seat and on a narrow lane i was

    behind a truck, i just moved my car to the next

    lane and was at the centre of the road and a

    car coming from other side bang me. I was

    driving Fiat Punto and the second party was

    driving an Astar (Maruti Suzuki). I was quite

    slow and was wearing the seat belt. After the

    accident I got down , the other two people

    were severely bleeding as they had injuries on

    their forehead. I quickly with the help of local

    people who had gathered there, sent them tothe hospital for first aid. In the mean time

    police came and I explained the entire senario.

    After hearing to me they asked me to

    registered the case ( FIR) which I did and later,

    they blamed me for the accident. I had to

    come out on bail terms. they have charged

    these sections on me ( 279,337,338,427 and

    184). Now the case is in Chiplun court and i

    have yet to receive the charge sheet. I met the

    second party and suggested a mutual

    settlement and yet to receive a response from

    them. I had all my documents of the car with

    me while traveling and submitted them to local

    police on their request.

    Now my questions are ?

    1. How can I settle with the second party.

    2. Police have booked me in the case and

    considering me as a party in the fault.

    3. How can we settle the case in the court and

    how can I prove that I was innocent and still

    willing to help the other party.

    4. What would be the courts opinion if we

    accept the fault as mentioned in the FIR or

    shall I defend my self and fight the case.

    Request you to please help with the

    appropriate solution.

    Thanks

    Vishal

    Ashwinsays:

    November 17, 2013 at 9:19 pm

    Motor Accident Compensations - Legal Queries 10-07-2014

    http://www.vakilno1.com/legal-advice/accident-qns.html 18 / 38

    http://www.vakilno1.com/legal-advice/accident-qns.html#comment-32240http:///http://www.vakilno1.com/legal-advice/accident-qns.html#comment-32231http:///http://www.vakilno1.com/legal-advice/accident-qns.html#comment-32196http:///
  • 5/22/2018 Motor Accident Compensations

    19/38

    My dad was killed in a car accident,my mom

    was also injured badly, the car driver is

    responsible as he slept while driving, im from

    a middle class family and my mom is a home

    maker, my father is running business in my

    mom name, according to the act how much

    will i get, my fathers annual income will be

    around 7 lakhs/pa, please guide me, what are

    the other ways i can get claims, im in serious

    trouble, im just 22 and have a lot of burden in

    my arms,

    Gangadhar Reddysays:

    November 24, 2013 at 4:30 pm

    Sir, My brother is an engineering student

    19yrs oldhe was in 3rd year B.Techhe

    was killed in a road accident on September

    2nd, 2013 by a Bus driver(APSRTC

    driver)..How much compensation should we

    get?

    Anonymoussays:

    November 29, 2013 at 5:29 pm

    the accident occurred between two two

    wheeler having equal engine capacity. how

    does this fact works in motor accident claims

    and can this be taken as defence to reduse

    the amount of compensation?

    Joice Josephsays:

    November 30, 2013 at 11:00 pm

    in a bus accident, if i lost my three tooth, what

    i have to do?

    DHANYAPRAMODsays:

    December 9, 2013 at 4:10 pm

    If an accident take place, vehicle is insured,

    driver is liscenced. If orwner is in abroad, can

    we get insurance claim??

    S Natarajansays:

    December 16, 2013 at 12:59 am

    I met with a Road Traffic Accident and spent a

    huge sum. I am now physically disabled too. Iwas on bed rest for 6 months after accident.

    An FIR was duly lodged by the Police. But the

    vehicle which hit me did not have a Insurance

    policy and the Driver did not have a driving

    licence. However, I proceeded and filed a case

    against the owner & driver of the vehicle. But

    lawyer says, chances of getting a just

    compensation in my case is very remote and

    almost nil as the award & decree of MACT

    Tribunal cannot be enforced effectively on

    individuals. Is it so? shall I implead the Govts

    (both state & centre) as parties because their

    acts of omission and commission or failure in

    implementation of MV Act has only resulted ina person driving a vehicle without a Driving

    licence & an Insurance policy?

    Vicky Sharmasays:

    December 16, 2013 at 1:56 pm

    Motor Accident Compensations - Legal Queries 10-07-2014

    http://www.vakilno1.com/legal-advice/accident-qns.html 19 / 38

    http://www.vakilno1.com/legal-advice/accident-qns.html#comment-32424http:///http://www.vakilno1.com/legal-advice/accident-qns.html#comment-32421http:///http://www.vakilno1.com/legal-advice/accident-qns.html#comment-32384http:///http://www.vakilno1.com/legal-advice/accident-qns.html#comment-32318http:///http://www.vakilno1.com/legal-advice/accident-qns.html#comment-32306http:///http://www.vakilno1.com/legal-advice/accident-qns.html#comment-32277
  • 5/22/2018 Motor Accident Compensations

    20/38

    Dear Sir,

    need your suggestion on this matter on

    priority.I was going with 2 other friends of mine

    to gujarat from mumbai.the car belonged to me

    but my friend was driving the same.I was siting

    in front and other friend was sitting behind.the

    friend who was driving the car hit the divider

    and we met with an fatal accident,in which

    both my friends passed away.I luckily survived

    as somebdy managed to pull me out from

    buring car.I was hospitalised for couple of

    months and had 3 surgeries on my rightleg.one of my friends(who was sitting behind)

    dad has filed a compensation case against me

    and the insurance company.the driver had valid

    license and car was brand new with valid

    insurance.tell me am i at fault and will this be

    held against me that i was owner of car hence

    iam liable to pay.

    Jawaharlal Agarwalsays:

    December 18, 2013 at 4:07 am

    My brother met with a car accident on 5th Nov

    2013 in MP.The car was owned by mybrother.The car was being driven by my

    brothers friend at the time of accident.There

    were total 5 passengers in the car at the time

    of accident.The friend who was driving the car

    had a valid driving licence and all the car

    papers including the comprehensive insurance

    papers were in valid at the time of

    accident.The car had met with a accident as a

    cow had come on middle of road and to avoid

    the cow the driver lost control of car.The car

    toppled few times and in the process a boy of

    appx 18 years old was smashed under the

    carand died on the spot.My brother was

    injured his wife is injured and friends wife andchild sustained minor injuries.His friend is

    absolutely fine.My brother was treated in MP

    for 2 days and later on transfered to Mumbai

    for further treatment.He underwent treatment in

    mumbai for appx 25 days.Finally on 2

    December 2013 he expired.At the time of

    death he was 49 years old.He is left behind by

    wife and 2 boys.1 boy is 24 years old and 2nd

    is 21 years old.Want to 1.What further

    procedure we will have to do.2.How much

    death insurance we can get.3.How much car

    insurance we can get.4.Where have all the

    legal procedures to be filed as we are staying

    in mumbai and brothers family is also staying

    in mumbai.please suggest.

    Shekarsays:

    December 19, 2013 at 2:09 pm

    one of my cousin met with an accident by

    tractor when he is on motor vehice in

    bhimmavaram in west godavari dist he works

    in eluru.. when he is going to his office to pay

    amount in office he met with accident .my

    bro given a complaint the tractor driver told

    that he is not having any insurance but my

    brother got major operation by arogyasri..

    the case as been registered..and after that

    one of the his village leader told that they will

    pay 20,000 rs when it get settled in

    lokyukthabut now they are not giving any

    response.. the tractor driver also gives no

    response over the phonenow my brother is

    not having job and having 2 months

    Motor Accident Compensations - Legal Queries 10-07-2014

    http://www.vakilno1.com/legal-advice/accident-qns.html 20 / 38

    http://www.vakilno1.com/legal-advice/accident-qns.html#comment-32448http://www.vakilno1.com/legal-advice/accident-qns.html#comment-32430http:///
  • 5/22/2018 Motor Accident Compensations

    21/38

    child.now so they have shifted to vizag to his

    native placeas they are very poor .plz do

    the needful

    FIR Date :17/07/2013 Section of Law :IPC-338

    LAST updated :25/11/2013 Status :Pending

    Trail Reason :For Accused Appearance

    Sd Ashoksays:

    December 19, 2013 at 9:31 pm

    dear sir,my brother was driving a bike and was

    hit by a car driving negligently and rash

    (according to onlookers).my brother was

    injured and we had almost spent 5lakhs on

    medical expenses.an FIR was done . now

    what is the next step. pls do help me , sir

    RAHUL KHEMANIsays:

    December 20, 2013 at 4:10 pm

    Dear Sir,

    My dad was driving bike on a service road

    apart from Main road. Suddenly, a fully loadedtrailer came from behind and thrashed and

    crushed him to death. Now, what are the

    procedures to be followed in this case. please

    help!

    Rajkovaisays:

    December 22, 2013 at 6:27 pm

    Dear Legal experts

    I have one query, i met with a road accident

    exactly one and half year back while i was

    driving a car in national highway, a two wheeler

    rider suddenly entered the national highway

    through the central broken median (created by

    local villagers ), i suddenly applied brakes and

    moved my car to the left, inspite of that my car

    and his two wheeler had a mutual collision. the

    two wheeler rider died of head injury after two

    days of treatment. FIR was filed against me for

    rash and negligent driving, i contested the

    case and finally got got acquitted (released)

    from the criminal case stating that there is no

    substantial evidence that i was driving rash.

    The dependents of the deceased has filed

    compensation case in MACT and the case is

    still running, my question is can i sell my car

    which is already (7 years old) when the MCOP

    case is still under trial, Please advice, regardsraj

    Rajkovaisays:

    December 22, 2013 at 6:50 pm

    Dear Legal experts

    I have one query, i met with a road accident

    exactly one and half year back while i was

    driving a car in national highway, a two wheeler

    rider suddenly entered the national highway

    through the central broken median (created by

    local villagers ), i suddenly applied brakes and

    moved my car to the left, inspite of that my carand his two wheeler had a mutual collision. the

    two wheeler rider died of head injury after two

    days of treatment. FIR was filed against me for

    rash and negligent driving, i contested the

    case and finally got got acquitted (released)

    from the criminal case stating that there is no

    Motor Accident Compensations - Legal Queries 10-07-2014

    http://www.vakilno1.com/legal-advice/accident-qns.html 21 / 38

    http://www.vakilno1.com/legal-advice/accident-qns.html#comment-32465http:///http://www.vakilno1.com/legal-advice/accident-qns.html#comment-32464http:///http://www.vakilno1.com/legal-advice/accident-qns.html#comment-32454http:///http://www.vakilno1.com/legal-advice/accident-qns.html#comment-32450
  • 5/22/2018 Motor Accident Compensations

    22/38

    substantial evidence that i was driving

    rash.The car was having full third party

    insurance The dependents of the deceased

    has filed compensation case in MACT against

    me and the insurance company and the case

    is still running, my question is can i sell my

    car which is already (7 years old) when the

    MCOP case is still under trial, Please advice,

    regards

    raj

    Madras HC Asks MACT To Enhance

    Compensation For Accident Victimssays:

    January 2, 2014 at 7:17 pm

    [] Sample Questions Motor Accident

    Compensations []

    Harbhajan Singhsays:

    January 9, 2014 at 12:24 pm

    I want to know the legal procedure followed,

    when we meet with an accident i.e. I was

    going on a scooter and unfortunately dashes aperson crossing road, both fell down and get

    injuries. But unfortunately the person crossing

    road gets fracture in both of his legs and is still

    under treatment in hospital. At the time of

    accident he gave in written that I(Scooterist)

    was not at fault. It was by mistake happened

    and its also written that we will pay him for his

    treatment. And we have paid him 40,000 which

    is not written anywhere.and at the time of

    accident both of us had a written compromise

    at police station. Now he has filed a case on

    us for claiming that hes having lifetime

    disability.And also wrote that driver was driving

    rashly and negligently,but it was not writtenthis way at the time of accident that happened

    10 months ago.What is the procedure followed

    to solve the case legally? Note: I(the driver)

    have a valid driving license,valid R.C., the

    scooter was not insured at the time of

    accident, and also the driver was not going in

    any wrong route. It was a mutual collision. If

    we go to court what could be punishment and

    penalty to the driver?

    Your Name...says:

    January 17, 2014 at 9:39 pm

    Discuss the income tax liability in the hands of

    parents for the compensation received and

    interest thereon by them from general

    insurance companies if their son dies in an

    accident?

    ANILBATHAMsays:

    January 18, 2014 at 9:42 am

    MY FATHER DURING BUS ACCIDENT

    BADLY FRACTURED RIGHT LEG WHAT

    COST OF COMPENSATION CAN BE DONE

    PL. AS SOON AS POSSIBLE INTIMATE ME

    MY MAIL ID

    THANKS

    WITH REGARDS

    ANIL BATHAM

    Motor Accident Compensations - Legal Queries 10-07-2014

    http://www.vakilno1.com/legal-advice/accident-qns.html 22 / 38

    http://www.vakilno1.com/legal-advice/accident-qns.html#comment-32634http:///http://www.vakilno1.com/legal-advice/accident-qns.html#comment-32632http:///http://www.vakilno1.com/legal-advice/accident-qns.html#comment-32575http:///http://www.vakilno1.com/legal-advice/accident-qns.html#comment-32536http://www.vakilno1.com/legal-news/madras-hc-asks-mact-enhance-compensation-accident-victims.html
  • 5/22/2018 Motor Accident Compensations

    23/38

    Vinusays:

    January 20, 2014 at 3:14 pm

    My parents died in a road accident, /i have file

    a motor accident claim against the insurance

    company and the opponent, where in as a not

    liability factor, i have received 50,000 thousand

    in the case for each, but the amoutn of rs

    10000 has been from each case has debited, I

    want to know if is this the court fees or

    something else, as my advocate is not

    answering properly.

    Inusrance Relatedsays:

    January 22, 2014 at 4:11 pm

    I am having querry on Insurance. If I got life

    inusrance policy fromLIC, Aviva and ICICI

    prudential and all policies have death cover

    from 5 lacs to 10 lacs. In case of my death,

    can I claim for each policy and can I get

    claims from each policy or it will be limited to

    one Insurance company to pay?

    S Elangosays:

    January 23, 2014 at 7:31 pm

    sir i want one judgment given by justice p

    shanmugam in r/o mcop case consecutive

    three year income tax is must for income proof

    pl help me to get it

    Shakeelsays:

    January 24, 2014 at 4:06 pm

    one of my friends brother was bus owner and

    his bus met with an accident. the victim

    approached bus owner for compensation but

    the owner asked him to approach insurance

    co. as the vehicle was insured, after few years

    the victim summoned to the bus owner for

    attending court but the owner was expired and

    then the victim made the party to the wife of

    deceased owner and atlast after 17 years the

    victim(plaintiff) got the orders from both

    magistrate and high court for the

    compensation. but the wife of the owner is not

    in a position to pay anything, can her own

    purchased property will be attached or not ?

    Samirsays:

    January 25, 2014 at 4:23 pm

    while driving a scooter, a car driver suddenly

    overtook me and hit a person who was

    crossing the road. the car driver fled away from

    the spot along with his vehicle but i stopped to

    look the victim. Till then some persons

    reached the spot and mistook me as the

    ofender. I was later arrested by the

    police.Unfortunately the insurance of my

    scooter has expired two days before the

    accident.the Honble High Court has fined me

    rs 5 lac to be paid as compensation to the

    victim, which i can not effort. can i go forappleal against the judgement in Supreme

    court?

    Mohit Goyalsays:

    Januar 26, 2014 at 12:02 pm

    Motor Accident Compensations - Legal Queries 10-07-2014

    http://www.vakilno1.com/legal-advice/accident-qns.html 23 / 38

    http://www.vakilno1.com/legal-advice/accident-qns.html#comment-32683http:///http://www.vakilno1.com/legal-advice/accident-qns.html#comment-32680http://www.vakilno1.com/legal-advice/accident-qns.html#comment-32672http:///http://www.vakilno1.com/legal-advice/accident-qns.html#comment-32669http:///http://www.vakilno1.com/legal-advice/accident-qns.html#comment-32660http:///http://www.vakilno1.com/legal-advice/accident-qns.html#comment-32648http:///
  • 5/22/2018 Motor Accident Compensations

    24/38

    sir,

    my mother expired in road accident. while i

    driving the motorcycle she was pillion . she

    was 50 years old a working women and i am

    dependent on her. my father was also expired

    on 2004. and i am the only son. she earn 7000

    per month + 2300 pension . and i am 22 years

    old that time . will i get around 3 lakh ?

    Kuriensays:

    January 27, 2014 at 6:39 pm

    I wwas riding to chennai from Kerala . I met

    with an accident when two women ran across

    the road I tried to avoid them but still collided. I

    broke my wrist n the ladies to broke bones.

    The fir was filed in tamil. The womens relative

    demanded 20000 for treatment. It was given.

    (Police suggested so even thoughit was not

    my fault) . When I filed claim to repair my bike

    they(insurance company ) asked me have the

    fir translated to malayalam. That is when I

    realised it stated I was driving fast reckless

    and negligently. Also nowhere was itmentioned that the women were crossong the

    road. They claimed the were standing on the

    road side. Now almost 6 months later my

    mother receives a notice with her and the

    insurance company being the first & second

    party . Also claiming a sum of 15and 20 lakh

    as compensation. My mother is the owner of

    the bike. I have a proper licence and all the

    documents including insurance are in proper

    order. We have been given a date to report at

    court for hearing. What do we do. I qas told by

    a lawyer to do nothing as all my documents

    are in order the insurance company would take

    care of everythin

    Please advise me about what to do. I only

    want an opinion

    Thank you. ( forgive me for the lengthy

    narrative)

    Ameetsays:

    February 2, 2014 at 11:53 pm

    I possibly hit a bike (at a junction at almost 0

    speed with clutch control). Probably the

    impact was so low, I didnt realize I hit

    somebody. Suddenly there were couple of

    guys chasing me down the road. I wasnt sure

    what was wrong, later I heard them shouting tostop telling me I hit somebody. I still wasnt

    sure, so I asked them to get the victim to the

    nearby hospital to settle which they never did.

    they took a picture of my car from behind and

    threatened. I have a learning license (my wife

    was sitting at back side and she has valid

    permanent license). What kind of case can be

    filed against me? What can I do to resolve

    this? Thanks in advance.

    BYREDDY Gsays:

    February 6, 2014 at 4:25 pm

    My father met an accident with a tractor on

    11th of jan with head injury which is grievous

    (he was going in bike). He took treatment And

    Hospital bill is 2.25 lakh.How much we can

    claim from tractor insurance company? Please

    guide me.

    Motor Accident Compensations - Legal Queries 10-07-2014

    http://www.vakilno1.com/legal-advice/accident-qns.html 24 / 38

    http://www.vakilno1.com/legal-advice/accident-qns.html#comment-32748http:///http://www.vakilno1.com/legal-advice/accident-qns.html#comment-32725http:///http://www.vakilno1.com/legal-advice/accident-qns.html#comment-32691http:///
  • 5/22/2018 Motor Accident Compensations

    25/38

    Surajsays:

    February 6, 2014 at 4:47 pm

    Injured died before award,Award passed in

    favour of the injured after death legal heirs

    appeared before MACT for releasing the award

    amount,tribunal says legal heirs are entitled to

    get only compensation in part 1st no

    compensation is entitled to legal heirs in the

    part 2nd/MACT CASES. Any Ruling OfHonble High Courts or Honble Supreme Court

    of India?

    Indumathisays:

    February 10, 2014 at 10:40 am

    hi sir,

    my mother met with an accident on 2005 while

    crossing the road the drunken man riding in

    bike hit my mom and now my mother is

    completely disabled and the court case is still

    going on. my lawyer says 5lakhs has been

    sanctioned by deposit date is not given thelawyer says.

    is there any chance that whether our lawyer is

    playing any fishy around us

    Easkki Pandisays:

    February 12, 2014 at 10:26 pm

    Kindly assist me in this issue.

    I was driving my own car on my way to office,

    the car was in he speed of 20km/hr. a 12year

    old boy while crossing the road ran looking on

    the wrong side and banged himself on my rear

    door and fell and accidentely his right legcame under my left rear tyre and his leg was

    fractured, took him to the hospital and

    informed his parents, they are not well to do

    family, so i promised them to take care of their

    medical bill at a governement hospital. to

    which they agreed and did not file a case

    against me.

    .Want to understand if i am responsible for

    legal procedure even its the persons mistake?

    .In such case should i pay the medical

    expense or go for legal procedure and get him

    the amount through insurance?

    .What is the procedure when its a legal case

    against me?.any additional tips

    Prdsays:

    February 20, 2014 at 1:41 pm

    hello sir,

    my friend(dont have license) took my car

    (which doesnt have insurance) , he made an

    accident against a scooter , the lady who was

    driving is dead and the child is in serious

    condition.

    whose responsibility to pay the

    compensation?the owner or the driver??the lady also doesnt have an license, is this

    plus for our case or negative?

    Rajeshsays:

    February 24, 2014 at 9:10 pm

    Motor Accident Compensations - Legal Queries 10-07-2014

    http://www.vakilno1.com/legal-advice/accident-qns.html 25 / 38

    http://www.vakilno1.com/legal-advice/accident-qns.html#comment-32962http:///http://www.vakilno1.com/legal-advice/accident-qns.html#comment-32880http:///http://www.vakilno1.com/legal-advice/accident-qns.html#comment-32802http:///http://www.vakilno1.com/legal-advice/accident-qns.html#comment-32780http://www.vakilno1.com/legal-advice/accident-qns.html#comment-32749http:///
  • 5/22/2018 Motor Accident Compensations

    26/38

    I was met with accident on 03 April 2010 while

    driving motorcycles .the other party was also

    in motorcycles who coming form my opposite

    side and he lodge FIR against me. Becouse I

    m defence person navy was take my case

    from civil court hence case was finish due to

    absent of witness and miss match statement

    of who lodge FIR Against me . Now after three

    year he claming compensation through my

    bike insurance. My insurance company send

    me intimate me abuot this. Before this I was

    not intimate the my insurance company

    Akashsays:

    March 1, 2014 at 8:09 pm

    I was driving in middle of road when I saw a

    person approaching from front and there was

    hole on road .

    So to avoid both I took a turn to move my

    vehicle to my left

    and then a person dashed me from behind and

    got hurt.

    He now asking for compensation for bike and

    health.I have a third party insurance. What should I

    do?

    Anonymoussays:

    March 2, 2014 at 7:23 am

    Vikram singh say

    02 march 2014

    My father seriously injured and died after 2

    hour of accident. He was cross of road. I am

    fully depend of father. He was income Rs

    25000/- month.

    Manish Agarwalsays:

    March 3, 2014 at 2:35 pm

    my truck meet the acident some where and

    the police has been isued from some other

    town and case hae been in consumer cort in

    some other town because we have given the

    payment to the

    insurance company in the same town where

    the case has been runing in the court and the

    cheque had been also cleared in the same

    town where the case has been continued in

    the court.kindly give me some legal advicewhere i have to

    continue the case where the police issue or

    where the payment had been given

    RAKESH KUMAR P. SHARMAsays:

    March 6, 2014 at 8:37 pm

    If injured applicant (38 years) dies by natural

    death during pendency of petition, whether his

    legal heirs will get the future loss for the no. of

    years he survived (for 6 years)and actual loss.

    His heirs should not suffer because of judicial

    delay. Please give citation of Supreme Court.

    Snadeepsays:

    March 8, 2014 at 11:51 am

    when i was driving car from opposite side

    Motor Accident Compensations - Legal Queries 10-07-2014

    http://www.vakilno1.com/legal-advice/accident-qns.html 26 / 38

    http://www.vakilno1.com/legal-advice/accident-qns.html#comment-33159http://www.vakilno1.com/legal-advice/accident-qns.html#comment-33137http:///http://www.vakilno1.com/legal-advice/accident-qns.html#comment-33070http:///http://www.vakilno1.com/legal-advice/accident-qns.html#comment-33052http://www.vakilno1.com/legal-advice/accident-qns.html#comment-33044http:///
  • 5/22/2018 Motor Accident Compensations

    27/38

    another car was comming. i stopped my car at

    least 5 meters away from the car. but he came

    very close to my car and his cars back

    bumber touched my cars back bumber. i

    stepped out of my car and became angry on

    the other guy. he said go for a case. now

    since i am an NRI and dont have time to go for

    such cases i left the place. Now the other guy

    took picture of my car and called up police

    station and told them i had hit his car and

    abused him. since then i did not take car

    outside as i fear if some case is filed myjoining in ship will get delayed. the car which i

    was driving is of tamilnadu regestration and its

    in the name of my brother in lawaddress in

    which the car is bought is old address and my

    borhter in law is in dubaiwhat should i do???

    Sachin Sethisays:

    March 10, 2014 at 12:28 pm

    Hello Sir, Please give attention

    I am working man, on Jan 18 I finished my

    work at 7.00 pm and went towards my room, I

    reached room at 7.45 pm, suddenly my seniorboss called me and asked me to come back

    office for half hour there is an urgent work, I

    accepted his request and went back office on

    bike with my room mate. I reached office again

    at 9 pm and worked up to 10.30 pm. we both

    met with an accident while returning at room

    unfortunately he died.

    I get no support from my office no

    compensation no accidental expenses even of

    that they deducted my salary also.

    What I do I do not know please HELP ME

    Lingarajsays:March 13, 2014 at 7:47 pm

    Respected sir,

    my friend who was aged 23 had his own lorry

    had died in an accident while driving his

    vehicle without collision with other vehicle. but

    his parents are illiterate and poor and they

    dont know the information about his vehicle

    and personal documents. so may i know

    whether his parents get any compensation

    from insurance company. he regularly

    deposited the installments. or may i know

    whether there are any compensation from the

    government.

    V.P. GUPTAsays:

    March 17, 2014 at 6:49 pm

    Sir,

    When I was driving my Car and taking turn at

    very slow speed, an old lady while trying to

    stop his accompanied child coming in front of

    my car fell down herself in the roadside open

    drainage and got injured seriously. As my car

    was involved in this incident, the people

    assembled at the spot blamed me for third

    party injury. Under humanitarian ground and

    compulsion of mob assembled at accidentsite, I provided First-Aid and further Hospital

    Treatment to the injured Third Party, bearing

    all the expenses amounting more than one

    Lakh rupees. Since I have valid Driving License

    and my Car covers under comprehensive

    Insurance Policy, I approached Insurance

    Motor Accident Compensations - Legal Queries 10-07-2014

    http://www.vakilno1.com/legal-advice/accident-qns.html 27 / 38

    http://www.vakilno1.com/legal-advice/accident-qns.html#comment-33371http:///http://www.vakilno1.com/legal-advice/accident-qns.html#comment-33276http:///http://www.vakilno1.com/legal-advice/accident-qns.html#comment-33194http:///
  • 5/22/2018 Motor Accident Compensations

    28/38

    Company for claiming medical expenses

    incurred towards the treatment of Third Party.

    On the advice and assurance of Insurance

    Company, I filed the claim for reimbursement

    of medical expenses of Third Party treatment,

    quoting Companys Liability u/s II-1 (i) Subject

    to the Limits of Liability as laid down in the

    Schedule hereto, the Company will indemnify

    the Insured in the event of an accident caused

    by or arising out of the vehicle, against all

    sums which the Insured shall become legally

    liable to pay in respect of: i) death of or bodilyinjury to any person including occupants

    carried in the vehicle. However, the Insurance

    Company later deceived me in the name of FIR

    which was not lodged from either side.

    Kindly suggest me, if there is any possible

    ways to get claim for reimbursement of

    medical expenses of Third Party treatment

    from Insurance Company.

    Roshini Asays:

    March 19, 2014 at 4:36 pm

    I lost my husband in a car crash in 2009.There was no compensation given. I was not

    financially strong to file for compensation.

    Please let me know if i can file for

    compensation now, although it is 4 years past.

    Manishasays:

    March 20, 2014 at 5:03 pm

    My brother in law expired in road accident in

    2011. he was hit by tanker. that time he had

    his mother, wife and kid dependent on him.

    Now his wife is planning to remarry and his

    mother has two more kids. They had filedpetition 2 yrs back. can his wife after

    remarriage claim for the compensation can his

    mother get compensation?? pls advice

    Mr Srikantsays:

    March 21, 2014 at 9:00 pm

    Dear Sirs

    Generally speaking what are the level of

    awards for injury claims whereby someone has

    a Road Traffic Accident -Example Broken

    Limbs/Fractures/ Total Disablement/Loss of

    use of sight in one or both eyes-Deathcases.The victim maybe a pedestrian-Driver of

    the car or even a passenger.Who dose the

    claim get intimated against the responsible

    party or his insurance company

    Thanks s

    Santhoshsays:

    March 28, 2014 at 10:36 am

    My sister was killed in a bus accident six yrs

    back. The driver went on the wrong side of the

    road and dashed into her standing on a divider

    who died on the spot. After 6years, ajudjement has been passed of 1,40,000 plus

    intrest which was very low. I want to change

    my advocate. Can you suggest me something.

    Its seems that my brother in law stated that he

    wasnt dependant hence such a small amount

    was passed. Plz suggest me a good lawyer

    Motor Accident Compensations - Legal Queries 10-07-2014

    http://www.vakilno1.com/legal-advice/accident-qns.html 28 / 38

    http://www.vakilno1.com/legal-advice/accident-qns.html#comment-33611http://www.vakilno1.com/legal-advice/accident-qns.html#comment-33463http://www.vakilno1.com/legal-advice/accident-qns.html#comment-33433http://www.vakilno1.com/legal-advice/accident-qns.html#comment-33417
  • 5/22/2018 Motor Accident Compensations

    29/38

    and advise if its possible to change the

    existing one and by when should we file the

    case. I mean is there a time limit

    PRASHANTH CHAUHANsays:

    March 30, 2014 at 10:47 am

    My father was driving bike along with my mom

    and was driving at around 40 to 50 kmph and a

    old lady more than 80 years old (who cant

    even walk properly) was crossing highway roadand my dad tried to stop bike but was not able

    to do so and hit the old lady, my dad was on

    bike and mom feel down and the old lady to

    feel down, the old lady bones were fractured at

    left knee and left shoulder, the old lady sons

    have logged a fir against my dad and informed

    us to give 50,000/- to with draw the case, my

    dad driving license is expired and bike has no

    insurance, what to be done in this case please

    reply back and a copy to my email address to.

    PRASHANTH CHAUHANsays:

    March 30, 2014 at 10:51 am

    My father was driving bike along with my mom

    and was driving at around 40 to 50 kmph and a

    old lady more than 80 years old (who cant

    even walk properly) was crossing highway road

    and my dad tried to stop bike but was not able

    to do so and hit the old lady, my dad was on

    bike and mom feel down and the old lady to

    feel down, the old lady bones were fractured at

    left knee and left shoulder, the old lady sons

    have logged a fir against my dad and informed

    us to give 50,000/- to with draw the case, my

    dad driving license is expired and bike has no

    insurance, what to be done in this case pleasereply back and a copy to my email address to.

    Maan Singhsays:

    March 31, 2014 at 5:40 pm

    Dear

    Kindly advise my father die in a car

    accident..they are for a night walk a car hit

    him but no any driver or car found there.and

    police also failed to catch them.any

    compensation in case of deathit ve been 1

    year

    Kishoresays:

    April 4, 2014 at 10:25 am

    A person who has comprise with 2nd party in

    court before judge in criminal case, is eligible

    for govt. job.Please reply..

    RDsays:

    April 5, 2014 at 1:06 pm

    Dear Sir,

    Kindly advise , my younger brother die in awater supplier tractor accident he was

    come on bicycle from his right side but the

    tractor driver come on fast and wrong side and

    the tractor hit my brother so my brother was

    die on the spot, after that post-martam done

    by govt. hospital doct. on the spot.,the fir

    Motor Accident Compensations - Legal Queries 10-07-2014

    http://www.vakilno1.com/legal-advice/accident-qns.html 29 / 38

    http://www.vakilno1.com/legal-advice/accident-qns.html#comment-33875http://www.vakilno1.com/legal-advice/accident-qns.html#comment-33807http:///http://www.vakilno1.com/legal-advice/accident-qns.html#comment-33685http:///http://www.vakilno1.com/legal-advice/accident-qns.html#comment-33657http:///http://www.vakilno1.com/legal-advice/accident-qns.html#comment-33655http:///
  • 5/22/2018 Motor Accident Compensations

    30/38

    reported by my uncle.the case will continue

    from last three year ,now we are facing a

    problem , we have not any person whose

    shown accident.and the tractor was catch up

    by the police and local person.

    Ambersays:

    April 8, 2014 at 1:53 pm

    sir plz suggest me,

    mai apni car say chala raha tha aur next turnpar ek aurat meri car k draving side say takra

    gai aur uski leg ki bone fracture ho gai, mainy

    usko plaster karvaya jismy 5000 rs expense

    aya aur 20000 rs deya usko 8 day ho chuky

    hai. ab aur 15000 k mang kar raha hai aur na

    dyny par (fir) karany ki dhamki dy raha hai.

    may kya karsakth hu ab . kya 8 days baad

    (FIR) ho sakti hai. plz tellme wahat can i do

    now

    Sachitsays:

    April 9, 2014 at 10:00 am

    Hi Sir,

    My father died in an accident and we have filed

    for compensation in the Tribunal. The claim is

    of 25 lakhs. could you please advice what will

    be the court fees for this?

    Sharat Kumarsays:

    April 9, 2014 at 10:23 am

    Dear Sir,

    Please advise as 01 year back i was on my

    way back from office to home. Office in DelhiArea Residece in Ghaziabad and Met an

    accident in Delhi). met an accident while i was

    srtanding on a red light waiting to turn it Green

    when suddenly a four wheeler came from

    behind and hit in which i had RTA fracture right

    forearm and PANFACIAL FRACTURE.

    according to my MLC i was taken to the Govt.

    Hospital after 45 Mins after the accident and i

    narrated the whole picture of the accident.

    thery mentioned that the patient brought here

    in full sense and can narrate the full accident,

    but smell of Alcohol is there. Yes I did had 2

    Pac of 30 ml each.

    I spent around 5 Lacs of Rupees on mytreatment and when I am demanding the same

    from Star Health they are refusing because of

    As per Exclusion No. 10 of the above policy,

    the company is not liable to make any

    payment in respect of expense incurred at

    hospital for treatment of the disease due to

    use of alcohol.

    But my Question is that I did not hit some one

    and demanding for compensation,it was the

    other party who hit me from behind and ran

    away with the Vechile.

    Please advise can i file a Consumer Court

    Case against the Insurance Compnay

    waiting for an early reply

    Regards

    Rajmohansays:

    April 16, 2014 at 5:08 pm

    Motor Accident Compensations - Legal Queries 10-07-2014

    http://www.vakilno1.com/legal-advice/accident-qns.html 30 / 38

    http://www.vakilno1.com/legal-advice/accident-qns.html#comment-34562http:///http://www.vakilno1.com/legal-advice/accident-qns.html#comment-34119http:///http://www.vakilno1.com/legal-advice/accident-qns.html#comment-34118http:///http://www.vakilno1.com/legal-advice/accident-qns.html#comment-34054http:///
  • 5/22/2018 Motor Accident Compensations

    31/38

    Dear Sir,

    I sold my car and ownership transferred

    insurance valid for another 5 months but not

    transferred in new owners name and car met

    the accident and the new owner cum driver

    expired what is the liability as a previous

    owner I am having. The FIR copy says the

    accident due to rash driving and consequent

    capsizing of car. waiting for your valuable

    reply.

    Castle Clash Cheats Ifunboxsays:

    April 17, 2014 at 5:57 am

    Im not that much of a internet reader to be

    honest but your

    sites really nice, keep it up! Ill go ahead and

    bookmark your website to

    come back later on. Cheers

    Snehalsays:

    April 19, 2014 at 3:11 pm

    Dear Sir,

    My brother met with an accident a month

    ago.Auto rickshaw driver hit him as he was

    going to his office on main road. He was going

    in straight direction but auto driver hit him from

    his right side and there was no signal but

    because of this auto driver got seriously

    injured he has claim for compensation.In this

    accident my brother also got injured but we

    didnt asked for any compensation from opp

    party also we didnt file any complain against

    him.And now he has file a case and we ha