Help needed under vehicle insurance
Rituraj Chat
(Querist) 21 June 2013
This query is : Resolved
Hi,
My Father owned a car (Maruti 800) which was fully insured(comprehensive) from National Ins. Co., my parents along with the driver were on there way back from Bareilly to Dehradun on 22/10/2010 when the driver fell asleep and hit a standing truck. My mother was sitting in the front seat and she was very badly hit on the forehead, she was taken to the nearest hospital where she succumbed to her injuries and died after 10 days of treatment.
I contacted a lawyer in Dehradun who said that I can get the body claim(which I got in a month) but cannot claim for the death of my mother( he said I can but for not more than Rs 50000), then I contacted another lawyer who made me and my mother the Third Party and we filed a case against the driver, My father(the owner of the vehicle) and the insurance company, claiming Rs 25 Lacs as compensation as my mother use to run a company by her own name.
Now after presenting all the evidences and cross questioning of all the witnesses (including the Doctors and the Income tax Officer and eye witness), the Insurance company's lawyer claims that Me being a son cannot claim a compensation from my father, even though it has been proved before the court that me and my family were dependent on my Mother's company.
Please help
DISHA D. SHAH
(Expert) 21 June 2013
you can file against your father .....
J K Agrawal
(Expert) 21 June 2013
You can file a claim against your father. No bar in any law.
prabhakar singh
(Expert) 21 June 2013
The objection at other side is fallacious and can not sustain.
Raj Kumar Makkad
(Expert) 22 June 2013
The objection has no value in the eyes of law and the same is required to be set aside.
Rituraj Chat
(Querist) 24 June 2013
Hi,
Thank you everyone for the prompt reply, I would also like to know if there is any similar case with same scenario being filed anywhere ?
Regards
Rituraj
Tarun Thakur
(Expert) 25 June 2013
Your case is regarding compensation under provisions of Motor vehicles Act. Few things are important to be discussed first.
1. whether any criminal case was instituted against the driver of the car ?
2. Most probably you have filed claim petition u/s 166 of Motor vehicles act ?
motor vehicles act is a beneficiary legistation. strict rules of evidences are not required in claim cases under M.V Act. Driver and insurance co. both will be held vicariously liable.
There is no such law as asserted by insurance company.
if you have been successful in proving the fact of dependency on your mother, the tribubal will certainly award just compensation as per judgment of Sarla verma vs DTC decided by Hon'ble supreme Court
