claim in road accident
deepak
(Querist) 22 June 2009
This query is : Resolved
A was crossing the road on motorcycle he was in wrong side . a car coming overspeed hit him and he got major injury to his left leg can he claim for damages he was earning rs.15000 p.m. and if yes how much hecan get. the operation is needed. he will have to be on rest about 3-4 months.
sanjeev murthy desai
(Expert) 22 June 2009
Yes Offcourse he can claim that compensation whatever he lossed but it has to be decided by the court. You have to be prove that car was overspeed.
adv. rajeev ( rajoo )
(Expert) 22 June 2009
Dear Deepak,
in this accident u said motor cyclist was on wrong side, but you have not said on whom FIR and Charge sheet is filed. If charge sheet on car driver, then Ins., co., of the car will pay the compensation, if not he wont get anything.
If A has got medical bills entire amount will be awarded by the court and rest reasonable compensation i.e., for loss of work, his disability etc., U have to prove the diability it is must, doctor evidence is also necessary. if u didnt prove the disability it is fatal to your case.
for your information charge sheet on whom it is filed is must.
Kamal Grover
(Expert) 22 June 2009
Plz clerify whether in FIR police mentioned that motercycle was on wrong side??
Secondly accident place like whether it was a link road or highway etc.
In every situation, you will get comepensation from Insurance company and may be from the car owner/driver.
If you will be able to prove that car was driving rashely only then you will get heavy compensation. for detail plz contact.
Regards
adv.kamal.grover@gmail.com
Advocate, Punjab and Haryana High Court, Chandigarh
M: 09814110005
For detailed query feel Free to Contact us
We have a team of Advocates, having office in almost every High Courts of India
Our team consists retired judges and Senior Advocates also.
We are able to guide and solve the cases efficiently.
We also have channel partners in various other countries also.
We strive for your rights.
Good Luck.
Swami Sadashiva Brahmendra Sar
(Expert) 22 June 2009
This is a case of contributory negligence. The court will grant compensation keeping in view and balencing following points:
1. Age ond income of injured 2.percentage of disability 3. proportion of contributory negligence
V.V.RAMDAS
(Expert) 22 June 2009
Injured can file a MACT case as per section 166 MVAct. Entire case depends on the condudcting Advocate and his advice. But at the first instance an FIR must have to be lodged against the car driver.
