no driving licence and driver died in the accident

Jagdishchandra Bhatt (Querist) 18 June 2010 This query is : Resolved
Driver is not having licence. Heirs of the deceased have filed petition u/s 163a of M. V. Act. Whether maintainable or not? Driver died in an accident. Plz advise.

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SRIKANTH MYLAVARAPU (Expert) 18 June 2010
sir,
as per my knowledge his heirs cant claim because the deceasd person doesnot posses an licence.with out having valid licence the claim is not maintainable

Parthasarathi Loganathan (Expert) 18 June 2010
But it is not the fault of legal heirs. I hope there are enough precedents which our practicing experts can cull out and post in this forum for the benefit of Mr.Bhatt

RAKHI BUDHIRAJA ADVOCATE (Expert) 24 June 2010
No, without DL it is not maintainable. The claimants can not claim for the wrong done by the deceased.

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