Damage to Motor Vehicle

P.S.Subbaraman (Querist) 03 April 2011 This query is : Resolved

My client's costly car was hit by a tipper in a Highway . The loss is estimated at Rs 6,00,0000/- .There is no personal injury involved. My query is for the damage caused to the vehicle can MACOP be filed or a original suit for damages should be filed. Any relevant case laws ?

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adv. rajeev ( rajoo ) (Expert) 03 April 2011
You have to file MVC case in MACT claiming damages against the truck owner and truck ins., co.,

Arvind Singh Chauhan (Expert) 03 April 2011
Yes follow advice of Rajeev Sir.

valentine thakkar (Expert) 04 April 2011
The law says when there is a Tribunal or any special Court is established all cases related to it should be filed there only and no other court has the jurisdiction. You may file a case under Motor Vehicle Act u/s 140 for NFL and S.166 for final compensation.

SANJEEB PADHI (Expert) 07 April 2011
I think, the Limit of Property Damage Claim undet the M.V.Act, 1988 is only upto a maximum of Rs.6000/- . Why not a claim be advanced against the insurer of the Car only !!! As the risk of the of the damage ought to have been covered by the insurer !!

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