Accident claim
Pooja
(Querist) 01 July 2014
This query is : Resolved
Dear Experts,
Thank You for reading this post. i have an inquiry, A month back my commercial vehicle hit a pedestrian from Bihar as he was crossing the road. Later took him to the hospital and treated him for few days. The injured ( Fracture in one bone). Police registered the case and my driver was arrested and later released on bail. I have already released my vehicle. chargesheet has been filled in the court. Now i am receiving threatening calls from some person claiming to be the lawyer of the injured. He has even sent a non judicial notice in my favor asking for 6 lacks as compensation. i was not worried as i was told that the insurance company will take care of the claim if any arises. but today i found out that my driver has two licences one a fake commercial licence. and one genuine L.M.V. licence almost 3 years old. I dont know what should i do now. shall i bow or is there anyway any law which can spare me from paying any compensation if arises. Further i need to know can the injured / advocate file a case in his home state for the compensation and if he does will that mean that i have to go to his home state to defend the case.
Thank You,
Really appreciate your favor.
Rajendra K Goyal
(Expert) 01 July 2014
Full case file has to be seen, consult a local lawyer and reply the notice received.
P. Venu
(Expert) 04 July 2014
The injured is entitled for compensation as decided by the Court. Pl. wait for its decision.
T. Kalaiselvan, Advocate
(Expert) 04 July 2014
The injured person can file claim case from his home town too, he may implead yourself and the insurance company as party, since your insurance was in force at the time of accident, the insurance company is liable to pay the compensation.
Sudhir Kumar, Advocate
(Expert) 26 July 2014
The injured is required to file case in MACT and justify 6 laksh damages.
Threatening call need to be taken care if persists then report to the police.
Now coming to liability of the insurance company. The driver did not have valid comermcial license as revealed by you. If it was a case of injury to passenger then insurance company is fully absolved as terms of commercial vehicle insurance is violated.
But the vehicle had hit a pedestrian and driver did have a valid license. SO Insurance company may be liable in MACT case.
If advocate of insurance company is smarter than yours then you will pay compensation from your pocket.
