MOTOR ACCIDENT
Gopalakrishna
(Querist) 31 January 2017
This query is : Resolved
An accident between a maruti esteem and a toyota qualis. Both the vehicle get damaged. Passenger of maruti esteem admitted to hospital due to serious injury. Police filed FIR as accident occured due to nglegient and rash driving of maruti esteem. But the real fact is reason for the accident is mechanical breakdown of maruti esteem and passenger of esteem admited to hospital. In this case as per police maruti esteem is accused and both are damaged. and both the vehicle have insurance liabity only policy in the same office. Shall both get thirdparty claim?
Rajendra K Goyal
(Expert) 31 January 2017
One claim for one person, not separate claim from both vehicles.
Defend the criminal proceedings on merits.
J K Agrawal
(Expert) 01 February 2017
The both vehicle passengers are entitle to claim compensation from other side vehicle.
It makes no difference that who is negligent. After 1988 amendment, only fact of accident by Motor vehicle sufficient.
In alternate, you can take recourse of Section 163A of M.V. Act where proof of negligence not required.
In criminal case also you can file an application to get the vehicle checked by an expert engineer as the police officers who check vehicle are not Engineers.
