Black law of Indian History

Current situation

Insurance companies getting premium for risk of owner for unlimited liability of third party. According to  section 166 and 163 of  Motor Vehicle Act 1988, compensation to injured  or  decease’s heirs   awarded as per Income and age of deceased who comes in definition of Third Party as defined in same act. As per law, companies have to pay immediately after accident occurs, but never paying.  Injured or deceased’s Heirs have to urge to court for getting compensation order and this takes years to get.

Critical situations of family

Out Of 95% of total accidents, working men of family becomes victim who has minimum 5 dependents whose maintenance on his hand. He is the only earner of family as per our Indian tradition. During pending time of court cases that took years, they suffer from critical financial condition with undefined grievous hurt because of non existence of working head person of family. Wife who lost her life partner, other side children who lost their father, parents who lost their last hope .Future of children  rushing  away in both way. No one can return him their family member, But at least by this compensation they could make sure future of children. Wife who never leave home, have to work for  maintenance of children and her life becomes hard without any fault. Compensation is  not enough at all in this inflationary time for 4 to 5 person to fulfil their necessities  in middle class.

Indian Public suffering Fraud and Betrayal from insurance companies. This way Insurance companies literally violating constitutional fundamental rights and  human rights. Insurance companies violating natural law and IRDA law by not giving compensation at reasonable time even after getting huge premium. Its  todays strict Necessity to take quick and strict action against insurance companies and their rude behaviour for not giving compensation. Public rushing to   courts for justice. Sufferings not end here..... Advocate of insurance companies only gives his best towards delay ...delay... and only.... delay. Courts are helpless here because of loops in  system of law procedure.

Conspiracy

Insurance companies taking premium for unlimited liability of third party from owner of vehicle. Insurance companies came together with cartel  to pass this bill for limiting liability cap of Rs. 10 Lakh and Rs.5 lakh in case of injured, rest burden on owner of vehicles.

Insurance companies by misrepresenting this bill to public approved in cabinet. Before three years ago  also Insurance companies by cartel tried hard to pass this bill but was failed. Our respected cabinet transportation minister shree Mr.Nitin Gadkari opposed strongly at time of congress. This year Insurance companies by misleading and misrepresenting redrafted the same draft which going to introduce in this monsoon session dated 09/09/2016 in Lok Sabha. 

Example:-  a young man died in accident and covering  definition of third party if earning about 3000 per month , his heirs will  get nearly 10 lakh excluding interest of 9%. Now see if person earns  3000 their heirs gets 10 lakh as we know even carpenter and labours are getting minimum 500 per day that comes to Rs.15000/- per month. So, Result of this bill if Mr. Ambani dies, his heirs will get only Rs. 10 lakh. Hahahah what a joke !!

VOICE OF BAR ASSOCIATION, MUMBAI

“The Bar Association of the Motor Accident Claims Tribunal Mumbai has approached the Union Ministry , raising issues with the proposed amendment to the Motor Vehicle Act,1988 also written to the Minister of Road Transports and Highways Nitin Gadkari stating that a provision to cap the liability on insurance companies would work against victims of road accidents. Also called this provision A GRAVE INJUSTICE TO VICTIMS OF ROAD ACCIDENTS ”

VOICE OF Advocate Sushil Parab ,The secretary

“Currently there is no cap on the compensation amount paid to accident victims . It is decided upon by the Tribunal based on factors such as the age,dependency,income of the victim in case of fatal accidents and basedon the nature of injuries and medical expensed in cases of grievous hurt ,has been till Rs 50 lakh and above. The capping would put pressure on the individual owner of the vehicle, who may not be able to pay that kind of amount.”

Key points

Limiting liability to Rs.10 lakh and Rs.5 lakh , currently  unlimited liability towards public ,currently  compensation award as per income and age of deceased .

By this New bill ,Indian public of 125 crore  will suffer loss of 3 billion daily. Minimum loss of Rs.25000 billion  in  more than 1 crore   cases pending in motor accident claims tribunal (one case average compensation  of Rs.25 lakh)

Currently drivers, cleaner, conductors and other workers of goods vehicle are covered and that there is statutory liability as given by statute but in the proposed amendment bill there is no compensation under workmen compensation act  and  no statutory protection to workers. This way this amendment bill exploiting workers and labourers.

Corruption:- For settlement of cases , there is a systematic  procedures to follow by court But by this bill  Power for settlement of  cases given to police, so now police will act as  a court that will only  lead to huge  corruption and injustice to public.

Effect

When Public constantly suffering  from insurance companies and need of strict actions, Result of this amendment  bill ,Golden time coming  for insurance companies for making  super profit and  overall  growth by limiting liability of insurance companies.

By this New bill, grave hurt to truck and private vehicle owners as their unlimited liability towards public. Public will be helpless for getting compensation.

This bill skipping totally Labours and workers and they will not get anything from insurance companies so poor labourers will be helpless.

If  The Motor Vehicles (amendment)bill 2016 not withdrawn , public will not get justice at all .In current position Heirs of deceased Getting compensation as per his age and income factor via section 166 and 163 of motor vehicle act 1988.In this new bill limiting Rs.10lakh not responsible act of government at all as per natural law for the interest of public at large.

Laws are made for best interest of public not for privation. Suffered Public will be helpless and more hopeless. This will be historically newly defined old system of Feudalism. Now this bill going to be big history of India by defining “BLACK LAW”.