Accident suit
vinodkumar
(Querist) 13 April 2013
This query is : Resolved
A ENGENEERING STUDENT, IN JAIPUR, IN THE CITY ON MAIN ROAD, ROAD REPAIRING WORK, AND NEW BRIDGE WORK ON PROGRESS, BUT ROAD AUTHORITY AND LOCAL AUTHORITY NOT MAKE ANY DIVERSON, ANY BOARD FOR CAUTION, ALREADY FOUR WHEELERS. HEAVY VEHECLE ARE PASS ON THAT, ONE DAY A PASS ON THIS ROAD WITH HIS BIKE, BUT DUE TO HEAVY TRAFFIC. AND NO ANY DIVERSON, A ACCIDENT WITH DIVEDER AND DIED ON SPOT, FIR IS ALREADY LODGE, NOW HOW CAN A' S FAMILY CLAMING FOR COMPENSATION,AND AGAINST WHICH AUTHORITY THEY CLAIM? AND UNDER WHICH ACT THEY CLAIM FOR THAT?
Advocate M.Bhadra
(Expert) 13 April 2013
Procedure for claiming road accident compensation:--
An application claiming road accident compensation has to be made by the person who has sustained the injury or by the owner of the property which suffered damage or by the legal representative of the deceased or by an agent duly authorized by the injured person. The application has to be made before the Motor Accident Claims Tribunal and no civil court has the power to entertain any question relating to any claim for compensation. The claimant has to prove rash and negligent driving on the part of the respondent in order to be entitled for compensation. Instances of negligent driving where road accident compensation has been awarded:
If the victim was also negligent along with the respondent, then it is a case of contributory negligence. In such cases, the Tribunal will reduce the road accident compensation to such an extent as it seems just and equitable to it having regard to the “claim shared in the responsibility for the damages". Thus where a passenger in a bus was keeping his hand outside the window and the hand got injured because of the negligence of the driver the compensation entitled to the passenger will be reduced because the injury would not have occurred had he been careful in not putting his hands outside.
An application can be made to the tribunal under whose jurisdiction the claimant resides or carries on business or under whose jurisdiction the respondent resides or under whose jurisdiction the accident occurred. For example, where an accident occurs in Bangalore between a person residing in Delhi and a person residing in Bombay, an application can be made before the claims tribunal in Bangalore, or Delhi or Bombay.
As soon as information regarding an accident involving death or bodily injury is reported to the police station, the police officer is required to forward such report to the Claims Tribunal within 30 days and the Claims Tribunal considers such report as an application for compensation.
Raj Kumar Makkad
(Expert) 13 April 2013
In the given case, the claim petition under section 166 of MV Act is required to be filed against Municipal authorities with the company/contractor undertaking the construction/renovation of the road.
A suit for damages can also be filed before civil court but it shall require court fee.
R.K Nanda
(Expert) 13 April 2013
no more to add.
