regarding m.a.c.t
PRAKASHCHANDRA MARU
(Querist) 03 May 2009
This query is : Resolved
HELLO ALL EXPERTS,
THERE WAS ACCIDENT TOOK PLACE IN THIS WAY A PASSANGER RIXA WAS DRIVINIG WITH THE NEGLIGENCE BY MR A AND DUE TO RASH DRIVING IT TURNED DOWN ON THE ROAD AND AFTER THE ANOTHER RIXA CLASHED WITH THE RIXA OF MR.A BECAUSE IT TURNED DOWN I WAS PASSANGER IN THE RIXA OF THE MR A NOW WOULD LIKE TO CLAIME BUT THERE IS NO INSURANCE WHAT I SHOULD DO
THANKS IN ADVANCE
Kiran Kumar
(Expert) 03 May 2009
certianly u ll put ur claim against the owner of the Rickshaw.
make the owners and drivers of both the Rickshaws parties and seek comensation, in the absence of any insurance both the owner and the driver will be liable jointly and severally provided u prove ur case before the tribunal.
Y V Vishweshwar Rao
(Expert) 03 May 2009
The sugestion of Mr Kiran Kuamr is correct . The Injured person have to file the Case /Claim it is the Owners and Dreivers it for them to claim insurence .
If Insurecne is there the process Recovery proceedigns are simple .
adv. rajeev ( rajoo )
(Expert) 03 May 2009
Owner of the rixa is entittle to pay u the compensation. But there will be a recovery problem for u. If rixa owner is having any immpovable properties in his name then u will not find any difficulty to recover the compensation by attaching the property in execution proceedings.
n.k.sarin
(Expert) 03 May 2009
I agreed with the above view.
Swami Sadashiva Brahmendra Sar
(Expert) 04 May 2009
with due respect, i am not able to agree with my friends. motor accident claim can not be filed. since rikshaw is not a motor vehicle MV Act is not applicable. you may claim damages under general law of torts in ordinary civil court.
J K Agrawal
(Expert) 04 May 2009
Thanks mr Tripathi and very sorry for other ld friends of me.
Swami Sadashiva Brahmendra Sar
(Expert) 04 May 2009
thanks mr. sivsubramanian ! Remady under MV Act can be availed only when a motor vehicle is involved in the alleged accident.
RAKHI BUDHIRAJA ADVOCATE
(Expert) 23 May 2009
U can file claim petition against the driver n owner of the vehicle in case it is not insured.
