Motor accident claim tribunal order
pranab majumdar
(Querist) 04 December 2019
This query is : Resolved
My nephew a school Teacher was riding a motorbike along with pillion rider a co-teacher in the same school.suddenly an autorikshaw came from opposite direction with high speed and hit them.Both of them fell down and became unconscious.
They were brought to the hospital by 108 ambulance.my nephew (suppose A) got
head injury with facial injury and pillion rider the co-teacher(suppose B) got multiple injuries.after a few days 'A'got discharged from hospital and shifted to his hometown.
'B' was till in hospital for treatment purpose. After sometime 'A' came to know that 'B'
has filed a case at motor motor accident claim tribunal (asking compensation) against
1) auto driver 2) my nephew 'A' and 3) insurance company of 'A's m-bike.'B' also alleged 'A' as rash driving,Till date he did not get any summon may be because of shifting to other city. Now 'A' came to know from a reliable source that Tribunal passed the order in favour of 'B' and held responsible for all the opponents and asked to pay the compensation amount.This order is also passed nearly 2'years ago but
till date no information received by 'A'.
my queries are--
1) as my nephew 'A' couldn't defend him in court because of not getting summon,
Can he 'appeal' now?
2) can any pillion rider allege the driver with whom he is riding for rash driving and file a case against him as both of them hit by opposite side auto Rickshaw?
please advice.
Regards
.
Sb Karma
(Expert) 05 December 2019
Ans 1) Yes,but needed strong ground to claim(*which your lawyer helps you)
Ans 2)First you need to know the cause and facts that B put against A before Tribunal,May be he made some false statement against A.So for this please consult local lawyer he will assist you best by knowing Facts of case.
To know more here in below giving you some links please go through this-----
https://www.livelaw.in/top-stories/can-pillion-rider-claim-insurance-in-case-of-act-policy-149840
https://indiankanoon.org/search/?formInput=pillion%20rider
Sankaranarayanan
(Expert) 05 December 2019
yes i do endorse the suggestion given by learned friend, you consult the lawyer and act accordigly
pranab majumdar
(Querist) 05 December 2019
Respected Sb Karma sir & Sankar Narayanan sir,
Thanks a lot for your valuable guidance.I will consult a local Lawyer.one query is there.1) near about two year passed after the judgement 'appeal' is possible now?
Regards.
Sb Karma
(Expert) 06 December 2019
You said you don't received any notice in your address...so why you are worry
And yes if they knock you at present after so long time,you can go through legal door
even after this 2 years gap
so just relaxed
pranab majumdar
(Querist) 06 December 2019
Respected Sb Karma saheb,
Thanks a lot sir.
Regards.
Dr J C Vashista
(Expert) 07 December 2019
Your lawyer is best person to guide and advise you as s/he is well aware about facts and circumstances of the case, an able, competent and intelligent enough to proceed as required by law.
If you have lost faith in your lawyer it is better to change him/her immediatley and consult/engage another local prudent lawyer for better appreciation of facts/document for proper guidance and proceeding.
pranab majumdar
(Querist) 08 December 2019
Respected Dr J C Vashista sir,
Thanks a lot for your proper guidance.sorry for late reply as I am on travel.Till date I did not engage any Lawyer because of I don't have the case papers.I will get it very shortly and do as you advised.
Regards.
