Compensation for accident claim
sanjay
(Querist) 06 October 2012
This query is : Resolved
Respected sir, somebody hit my brother by car
and my brother leg 2 bones fractured and have other injuries also. we were having mediclaim expense were 3 lac we got 2.4 lac from mediclaim. we file a case of compensation to the person who hit my brother. In agrument their advocate said when you have recieved mediclaim then you donot have right to claim here. judge says to us show any judgement/book where it has written that a person who has taken mediclaim can take claim here also. pl suggest how we can satisfy judge.Thanks
adv. rajeev ( rajoo )
(Expert) 06 October 2012
It is wrong. claiming mediclaim does not bar you to claim the compensation from the ins., co., of the vehicle
Rajeev Kumar
(Expert) 06 October 2012
Getting the money from Mediclaim does not bar any person to seek compensation from the insurance company to which vechile is insured and the accident has taken place.
Sudhir Kumar, Advocate
(Expert) 06 October 2012
The only thing is that your mediclaim + insurance claim should not be more than the loss sustained.
Guest
(Expert) 08 October 2012
The view of the judge is completely erroneous.
Civil liability under the Motor Vehicles Act is substantive and not circumscribed by a claim for mediclaim. There is no nexus between the two.
