mact
Tarun Kalra LL.M, M.B.A
(Querist) 20 February 2010
This query is : Resolved
respected members,
a 70 year old person lives with his wife, having no son, and a married daugher(who lives with her husband),
the wife was 65 years old, and gone alone to other town for medical checkup on bus, and while crossing a road, a negligent car driver hits her and caught on the spot, fir lodged, and the wife(lady) brought to hospital where she dies.
now the fact is that the husband and wife had no income other than the old age pension, and a houslehold shop run by both of them,as the husband brings the goods for sale and women sold them, and women also earning by old age pension and cloaths stiching, and by making sweaters,
now i am confused that under which section i file the claim petition u/s 163-A or 166 because i want to help the poor man, so that he may get good compensession.
plz guide me how and under which section i file the petiton, and who are the necessory witnesses ? the person who take the women hospital and lodged fir is a necessory witness in claim case?
Raj Kumar Makkad
(Expert) 20 February 2010
You should file the petition under section 166 of MV Act and the witnesses may include the husband of deceased, one of the eye witnesses, person establishing the income of the deceased.
Guest
(Expert) 20 February 2010
agree with mr makkad
Sachin Bhatia
(Expert) 20 February 2010
File the petition under section 166 of MV Act.
Kiran Kumar
(Expert) 20 February 2010
Tarun Ji, my opinion was correct i think :)
Swami Sadashiva Brahmendra Sar
(Expert) 20 February 2010
In my opinion, application under 163-A, is more suitable in this case.if the application is filed under 166, it
may be that the diseased old lady is proved to be negligent while crossing the road. In that situation the compensation under s 166 will go down on apportionment of the liability in proportion to negligence and the compensation may come lower than one fixed under structured formula under 163-A.
