Motor Accident Compensations

Thursday 10 July, 2014
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Sample Questions Motor
Accident Compensations
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Q1. I met with an accident 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 remedy
against 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
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 recover
insurance 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 claim under MACT. In the
MACT case the driver, 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 is
liable. 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
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 he 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 negligently
and 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 against
said 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 by
negligent 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.
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 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 recover
insurance amount will we
have 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
Code which 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 the Motor 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. 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.
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 health
record is also taken into consideration while
deciding the compensation.
Q9. In case of an accident who
is liable. Is the driver or the
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 Company as 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 filed
according to the Police Station in which the
FIR of the Accident was registered and the
respective Courts under whose jurisdiction the
Police Station lies.
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About the Author
VakilNo1 - Vakilno1 is a group of Law
Enthusiasts and Legal Experts in India with a
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Indian Legal System
Sandeep Mittal Advocate says:
March 24, 2013 at 9:07 am
Please tell me case law in favour of petitioner
on FIR delay .
M L Patel says:
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.
Pl. suggest remedy.
Thanks
Dr H L Patel says:
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 there
is no pedestrian crossing, and sustains injury,
where the pedestrian has been penalized?
Sampath Kumar says:
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 Lakhs
when 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 Mahakud says:
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 Agrawal says:
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 Mumbai says:
April 8, 2013 at 12:53 pm
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 Sharma says:
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 they
want to get justice bt want to make settlement
with offensive party bt they are ignoring. So plz
tell us wt shud us do?
Biswajit says:
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
Jastej says:
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 Gupta says:
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
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.
Santosh says:
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
continiously three month.situation is very
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 OR
MAIL janglesharma@gmail.com
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.
Nikhil says:
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.
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 Srikant says:
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
June 12, 2013 at 11:41 pm
person has to stake claim directly in the
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.
Nabamita says:
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 Srikant says:
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 company
made the payment directly to the client
J Syamkumar says:
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
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.
Alok says:
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
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 Kumar says:
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.
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 Pravin says:
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.
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, there
may such cases where witnesses are absent
or could not be found. The time taken depends
upon the facts and circumstances of each
case.
Randheer Singh says:
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 have
been 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
me
Beepee says:
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
June 28, 2013 at 2:33 pm
your colleagues parents can claim
compensation from your insurance company.
Bhargav says:
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 brother
is asking for a particular amount.and
threatening me for police case.kindly advise
me what to do in this situation.
July 3, 2013 at 12:22 pm
when did the event occur?
Nilesh says:
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.
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.
Abhinav says:
July 4, 2013 at 9:18 am
hello
my brother got involved in an accident he was
drunk 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 injury he daugther
had head injury that too was claimed by
medical insurance.
And what about state case after compromise
would there be any jail term?
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 because
whatever 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.
Bhargav says:
July 8, 2013 at 10:28 am
sir it has been four month for this case.
Brijesh says:
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.
Karan says:
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 Karje says:
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
July 12, 2013 at 10:29 pm
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 M says:
July 15, 2013 at 10:12 pm
My Parents met with an accident, they were
on a two wheeler and were dashed by a
Truck,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.
Abhilash says:
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
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.
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.
Shameem says:
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
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.Chia says:
August 19, 2013 at 7:46 pm
Motorcycle without a license, drive load
unexpected hit others, how to take legal action
Mr S Kent says:
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 Chopra says:
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 Garg says:
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 Garg says:
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.
ASR says:
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
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 Parmar says:
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 Singh says:
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 opposite
direction 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 Reddy says:
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
Tusshar says:
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
Sumant says:
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 any
mishappening & 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 Telkar says:
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 to
the 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
Ashwin says:
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 Reddy says:
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?
Anonymous says:
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 Joseph says:
in a bus accident, if i lost my three tooth, what
i have to do?
DHANYAPRAMOD says:
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 Natarajan says:
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. I
was 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 in
a person driving a vehicle without a Driving
licence & an Insurance policy?
Vicky Sharma says:
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 right
leg.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 Agarwal says:
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 my
brother.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 and
child 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.
Shekar says:
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
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 Ashok says:
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 KHEMANI says:
Dear Sir,
My dad was driving bike on a service road
apart from Main road. Suddenly, a fully loaded
trailer came from behind and thrashed and
crushed him to death. Now, what are the
procedures to be followed in this case. please
help!
Rajkovai says:
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, regards
raj
Rajkovai says:
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 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 Victims says:
January 2, 2014 at 7:17 pm
[] Sample Questions Motor Accident
Compensations []
Harbhajan Singh says:
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 a
person 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 written
this 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:
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?
ANILBATHAM says:
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
Vinu says:
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 Related says:
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 Elango says:
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
Shakeel says:
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 ?
Samir says:
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 for
appleal against the judgement in Supreme
court?
Mohit Goyal says:
January 26, 2014 at 12:02 pm
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 ?
Kurien says:
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 it
mentioned 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)
Ameet says:
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 to
stop 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 G says:
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.
Suraj says:
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 Of
Honble High Courts or Honble Supreme Court
of India?
Indumathi says:
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 the
lawyer says.
is there any chance that whether our lawyer is
playing any fishy around us
Easkki Pandi says:
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 leg
came 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
Prd says:
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?
Rajesh says:
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
Akash says:
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?
Anonymous says:
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 Agarwal says:
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 advice
where i have to
continue the case where the police issue or
where the payment had been given
RAKESH KUMAR P. SHARMA says:
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.
Snadeep says:
March 8, 2014 at 11:51 am
when i was driving car from opposite side
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 my
joining 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 Sethi says:
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 senior
boss 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
Lingaraj says:
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. GUPTA says:
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 accident
site, 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
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 bodily
injury 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 A says:
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.
Manisha says:
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 filed
petition 2 yrs back. can his wife after
remarriage claim for the compensation can his
mother get compensation?? pls advice
Mr Srikant says:
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-Death
cases.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
Santhosh says:
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, a
judjement 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
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 CHAUHAN says:
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 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 please
reply back and a copy to my email address to.
PRASHANTH CHAUHAN says:
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 please
reply back and a copy to my email address to.
Maan Singh says:
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
Kishore says:
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..
RD says:
April 5, 2014 at 1:06 pm
Dear Sir,
Kindly advise , my younger brother die in a
water 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
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.
Amber says:
April 8, 2014 at 1:53 pm
sir plz suggest me,
mai apni car say chala raha tha aur next turn
par 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
Sachit says:
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 Kumar says:
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 Delhi
Area 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 my
treatment 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
Rajmohan says:
April 16, 2014 at 5:08 pm
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 Ifunbox says:
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
Snehal says:
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 have
received notice of it.Kindly help..
Vishwas Godbole says:
April 25, 2014 at 6:33 pm
Recently my friend passed away in an road
accident hit my a motorcycle driver. the driver
has not paid insurance for the past 2 years.
how can the deceased friends family claim
compensation.
Its very very urgent and important. Expert
feedback needed immediately.
Please help.
Thanks.
Vishwas Godbole
Mohammed Insaf says:
May 5, 2014 at 2:35 pm
my dad and my uncle went in d carin the
opposite side a man and his wife(man
drunken) came in d car in wrong side of the
road at high speed..they hit our carthen they
gave a letter of compromise with their sign
the persons who caused accident had fracture
in their legs and were admitted in a private
hospital..the hospital neglected to give us d
proof of dem being drunkendue to
compromisation we took our car by crane and
left..after 2days they lodged a fault complaint
against us that we only hit their car. an FIR
has been filed against us that we came at high
speed and hit their carWat has to be done
by us now sir??
Venkat says:
May 7, 2014 at 4:22 pm
Today morning, a car hit me from left side
when taking a legal U turn. The car who
crashed into my car fled the seen. I lodged a
incident report with traffic police. Can futher
actions be taken?
Santosh says:
May 9, 2014 at 12:26 pm
dear sir please guide me my brother died in an
accident and his only baby also died were his
wife is government servent and his mother is
alive her age 55 than how will fight for
copansation and who is dependet no 1 and 2
wife economicaly fit
Kishan Kumar says:
May 11, 2014 at 1:00 am
Dear Sir . can it possible ? amputed Right 1st
toe and interp amputated join only a 5mm
skn tag intad . can it possible by skoda car
tyre when crossing road , when no injure other
even side finger
A
this a road lanth(-)A side lft B side
driver
B
a side barsati nali cover by cemented silly ,
and silly not proper set even putted up down
and, every silly was made with one inches
hole , there some children are plying on side A
, 11 years child injured like above .in that case
some children are asking toe cut by cemented
silly because he fall there and get three round
like saktiman , and same people asking this is
a road accident because rash driving. so pls
tell us what is the possibility , ill be hilly
thanks full to you if advise me .
Ragu says:
May 11, 2014 at 4:05 pm
Dear Sir,
I had purchased a car and the vechicle RC got
transferred to my name whereas the insurance
was not transfered. I paid the amount for name
transfer of insurance to the vechicle seller but
he failed and I had not follwed up with him.
In due course a pdestrian crossed the road
and collided with my car. I had admited him in
hospital and undergone legal formalities with
police station and got fined by court and case
has been completed.
The injured had filed a case in court asking
compensation against body injuries occured
during the accident to the owner(myself),
Insurance company and the previous owner on
whose name the insurance is running
currently. How to proceed in this case will the
insurance company pay the compensation.
Ej says:
May 13, 2014 at 7:56 am
what are legal procedures to imply in
motorcycle accident both driver and victim
died.
Upender says:
May 14, 2014 at 12:39 pm
Hi sir,
my cousin brother 4 months ago accidented
dead. actualy he is going on bike self
accidented. so how much compensations we
get.
Upender says:
May 14, 2014 at 12:41 pm
Hi sir,
accidented.he has have two daughters. so how
much compensations we get.
Upender says:
May 14, 2014 at 12:44 pm
Hi sir,
accidented.he has have two daughters. so how
much compensations we get.if any
comensations we will get.
Sandeep Mittal says:
May 26, 2014 at 3:24 pm
In June 2006, car meet with a accident due to
stray animal (neel Gai) on the road. Me, my
family and driver badly injured. one daily dairy
report (DDR) was registered in local police
station, with the statement that I did not want
to blame any body. No FIR registered. Driver
(My younger brothers friend) was badly injured
in the accident (Car steering was smashed in
his stomach). In court trial, I submit the
affidavit that in case of timely action, accident
can be avoided and it was driver negligence.
However insurance company was insisting
upon statement recoded in the DDR. And after
8 years, MACT has reject the petition. I want
to know, in case of accident due to stray
animal on road, who is liable. Is FIR to be
registered against stray animal. I am 80%
disabled. why compensation is not awarded.
Sridhar says:
May 27, 2014 at 1:06 pm
I friend was driving my car and met with a
accident, but however he did not have valid
Drivers License, and now the opposite vehicle
people have sent a petition claiming for
compensation I have a valid Insurance and all
supporting documents except for the Drivers
License at the time of accident, now will the
insurance fight the case on my behalf??
Trisha says:
May 29, 2014 at 10:26 am
sir, I have a doubt that whether the court has
the power to order to pay the claiming amount
to a person who is not a party to the suit? And
can you support the same with relevant
cases?
Jaishankar says:
May 31, 2014 at 12:45 pm
Dear Sir,
One of my friends son aged about 22 yrs had
passed away in road accident around 15days
back. He was a pillion rider in a bike. A car hit
and run and no one noticed the car reg.
number. The person met with accident had
serious head injury and died in hospital after
48hours. He doesnt have any insurance
policies. No complaint has been lodged in
police station so far. Kindly let us know is
there any chances of getting reimbursement
from government for the loss and do the
needful
Independent Escort Bangalore says:
June 4, 2014 at 1:15 pm
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information and facts below from the posting,
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Sachin Gaur says:
June 5, 2014 at 5:34 pm
My car met with an accident with truck. he hit
at the back. i caught him and disscused with
his superviosor . the supervisor agreed to pay
loss. so i did not reported in police. next to
next when i handover my car in workshop,
machanic give me apporx fiquare of 80000/-
and post claiming insurance apporx 50000/-
will be paid by mine car insurance and 30000/-
from my pocket. Then i have informed the
same to that concerned person of the truck.
He refused to pay and asked me to lodge FIR
and do what ever you wanted to don but thay
will not give single penny. somhowe they are
redy to pay 10000/- but need a signature on
the mutual agreement letter. I got 10000/- rs
from them and written a comment on his letter
by saying that I kept this 10000/- as security
amount. post disccusion with my lawyer i will
refund or adjust in the expense. please help
me that how can i forced him leggaly to pay
balance amount or how can i claim the
balance amount or entire amount from
concerned truck company.
Vikash says:
June 10, 2014 at 11:32 am
Dear Sir,
on November 27.2013 , I came to know that
my car insurance is failed by four month .So I
called my Insurance company for it ,they told
me to bring my car for renewal and
they have to take photo of my car .Sir on my
way I was stuck in a block ,I was in standing
position when a car came and hit me from
behind .I was not injured but my car was badly
damaged from back side and front side cuz in
front of me was 407 fully loaded with stone .I
gave an FIR in near by PS . there they told us
to compromise by saying that they will repair
my car which I took in bank lone of five years .I
made an agreement in presence of a lower in a
court stamp paper were I singed and culprit
too . In it I gave him 6 month time on his
request
Doing this I did a compromise in PS.
Now this person nor receives my call nor he
comes to meet me .Sir now I dont know what
to do because repairing charges is also high
Rs 300000/- which is huge amount for me .
from my salary I m paying 5000/- EMEI of my
so to say car till to day .
So I request you to suggest me what to do .Is
there any
way as per low to get justice.
your Vikas
Roland Rodrigues says:
June 11, 2014 at 1:00 am
Dear Sir
My family n i were traveling in a car
accidentally hit the other car on his lane on a
turn.. the road is aprox 6 meters in width. i got
a section 279 n 337. The driver was unharmed
but the person who was at the side not wearin
a seat belt crashed against glass her head
was bleeding and was discharged in 2 hours. I
was ready to pay the hospital bills but he
never allowed me and his vehicle damages
which amounts to Rs.35000/- after insuarance
cover. but this man wanted Rs.3,00,000 at the
start but now demanding Rs. 10,00,000/-. i
asked why r u charging me a huge amt. of 3
and 10 lac wen this damage is below 1 lakh?
he replied by saying his daughter will not go to
work for few months and it will also affect his
business profits too. im the only sole bread
winner of the family considering my salary
which is less than 20000/- i find it difficult to
pay even Rs.300000/-. Since the diagram
shows the vehicle on wrong side what may be
the maximum punishment for me?
S says:
June 18, 2014 at 11:46 pm
Dear sir, I was driving a car in BYEs pass
road. 67 years aged person suddenly came
across the road in his TVS 50 through a
narrow path riding over the divider which is not
meant for crossing the road. As person came
all of a sudden from a bush my car met with
an accident with the TVS50 and as person
was died. But local police sta filed case
section 279 and 304 A. what is the
punishment for this section? what the
maximum punishment? I am working with one
Private bank whether this case will affect my
job? pls guide how will deal the case.
Krishna says:
July 2, 2014 at 3:55 pm
Sir My cousin was driving and he met with
an accident He was with his friend and even
the car also was of his friend He got badly
injured ..and was in ICU also had undergone
surgery as he had severe damage of right
arm But the person crossing the road also
got injured and that person was dead..!
What will happen ? There are 2 cases now one
for accident and other for compensation .? Will
he be punished? Or just compensation will
workand how much will be for compensation
As he belongs to middle class family and
There income is also less
please reply
Thank u
Jainh says:
July 6, 2014 at 4:51 pm
I was at the side of the road on a hired activa
when I looked back to take a U-turn and at the
same moment a woman at a very high speed
on another two wheeler crashed into me. There
were no witnesses. It was a mutual fault. The
woman lost consciiousness while I suffered leg
injury. Can I be legally accused or
prosecuted?
Seema says:
July 7, 2014 at 3:31 pm
my younger brother ageing 21 yrs. met with a
road accident one week ago while riding a
bike. the bike was hit by a tempo(Canter) from
behind and run over him. he has bodily injury
in hand and intestines. hospital has already
charged Rs. 3 lakh. under which section and
act does this case fall? and what amount can
be claimed and will be reimbursed? what is the
time limit of filing a case before MACT against
the defaulter i.e. tempo driver.
P V L Narasimha Rao says:
July 8, 2014 at 7:49 am
an accident victim was treated under
arogyasree scheme in a private hospital. Yet,
he filed a petition against insurance company
seeking compensation for the treatment. I have
to file written argument contending that he
cannot seek compensation as he was treated
under arogyasree freely. I want the draft of
the argument along with citations.
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Thursday 10 July, 2014

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