regarding the compensation
PRAKASHCHANDRA MARU
(Querist) 24 May 2009
This query is : Resolved
HELLO ALL DEAR LEARNED EXPERTS ,
IF THERE IS VEHICLE OF MR X HAVING DRIVEN FAST AND IT TURNED DOWN AND MR Y WAS SEATED IN THE VEHICLE IN MR X'S VEHICLE AND GOT INJURY MEANWHILE FROM THE BACK SIDE MR Z'S VEHICLE CAME AND HIT THE MRX'S VEHICLE DUE TO THE FAULT OF THE MR X'S DRIVING NOW IF MR Y WANTS TO CLAIM AGAINST MR X CAN MR Y CAN JOIN AS OTHER OPPOSITE PRTY AS WELL AS MR X CAN MR Y IS ENTITITLE TO GET COMPENSATION FROM THE MR Z OR FROM BOTH PARTY HE IS ENTITITLED TO GET MONEY FOR THE ACCIDENT PS INFORM REGARDS
Swami Sadashiva Brahmendra Sar
(Expert) 24 May 2009
Mr Y has to claim against both vehicles. the compensation will be aportioned in accordance with proportion of contributory negligence.
Swami Sadashiva Brahmendra Sar
(Expert) 24 May 2009
Mr Y has to claim against both vehicles. the compensation will be aportioned in accordance with proportion of contributory negligence.
M. PIRAVI PERUMAL
(Expert) 24 May 2009
The claim has to be made as against the owners of both vehicles and both insurance companies and it is for the Court/Tribunal to decide and fix the liability and the proportionate ratio in which the compensation has to be paid by them.
Kiran Kumar
(Expert) 24 May 2009
pls set out ur claim against both the parties reason being their respective contributory negligence is required to be proved.
e.g. if u prove ur case but u ve not made one of them as the party then u ll not be able to claim the liability imposed upon one who was not made party to the claim petition.
adv. rajeev ( rajoo )
(Expert) 24 May 2009
U have to show the contributory negligence of Mr.Z. If it is not proved then MR.Y is not entittled to claim the compesation from vehcile insurance co., because Y is a pillion rider, if there is insurance coverage to the X vehicle then insurance company will take the defense that pillion rider is not covered no extra premium is paid for the pilion rider then X will be help liable to pay the compensation to Y.
It is not clear in your question whether against both the vehicle is chargesheeted or not
If both the vehcile is chargesheeted then you will have to make both the vehicle owners and insurance companies as parties.
Mr.X's Vehicle insurance company will not be held liable to pay the compensation.
adv. rajeev ( rajoo )
(Expert) 24 May 2009
U have to show the contributory negligence of Mr.Z. If it is not proved then MR.Y is not entittled to claim the compesation from vehcile insurance co., because Y is a pillion rider, if there is no insurance coverage of the pillinion rider to the X vehicle then insurance company will take the defense that pillion rider is not covered no extra premium is paid for the pilion rider then X will be held liable to pay the compensation to Y.
It is not clear in your question whether against both the vehicle is chargesheeted or not
If both the vehcile is chargesheeted then you will have to make both the vehicle owners and insurance companies as parties.
Mr.X's Vehicle insurance company will not be held liable to pay the compensation.
RAKHI BUDHIRAJA ADVOCATE
(Expert) 29 May 2009
You can file ur claim against both the parties reason being their respective contributory negligence is required to be proved.
