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Ragini (architect)     30 July 2013

Car accident case-serious injury, suing for claim

a girl driving a car (cab) with a driver hit my parents who were on scooty and stopped on the roadside when they saw her hitting another cycle too, after which she hit my parents. my mother got seriously injured and both her legs fractured and surgery has been done to both the legs with nails and rod. the girl doesn't have a license too. 

she accepts that she is guilty, all paperworks in police station is done. how should we go ahead with the case and claims considering my mother is a working lady since 20 years as a teacher. the bills from the hospital and post hospital recovery is huge and is taking months to get back to normal.



Learning

 4 Replies

PARUL (Lawyer)     30 July 2013

File a petition under the motor vehicle act (MACP) & you can produce proof of her negligence in driving in this petition. You shall get a compensation of all hospital bills as well as disability with interest.

Advocate Bhartesh goyal (advocate)     31 July 2013

Yes file a petition u/s 140 & 166 of M.V.Act. claim therein expenses incurred for getting treatment,loss of earnings,compensation and interest.

Ragini (architect)     31 July 2013

Thanks for your replies sir/madam. Wanted to know if this kind of case can be taken into fast track court? If not, how long does it generally take for judgement in these type of cases where the driver does not have a license or learning licence and was driving a car without L board. Also the car is somebody else's. What if after judgment the accused refuses to pay the claims? As of now that person is indifferent to our sufferings and says that she'll plead guilty n apologise before the court.

Advocate Bhartesh goyal (advocate)     01 August 2013

Usually court decides such type of cases within 2- 3 years.Driver,owner of vehicle  and insurance company are held jointly and severally liable for the consequences.


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