Road accident
Sumit
(Querist) 26 January 2013
This query is : Resolved
Dear Sir,
In Dec 2012, at around 7 pm I am coming from my office to my home on my bike and on the road a Tata 407 (water tanker) hit me from the front. I am badly injured and till date I am not able to attend office. My wrist was badly injured and due to plaster I cannot use my right hand.
Following are the few important points for your review:
(i) The driver of Tata 407 totally dunked (medical report available)
(ii) My license was forfeited by Traffic Police 1 year back (I have the receipt)
(iii) My bike insurance expired.
(iv) Before the accident a Policemen was coming behind me and he give the statement in FIR that there is no mistake from my side, the tempo driver drive the tempo in by highly negligence.
I have suffered lots of health and wealth problem. Please give your opinion if I file a court case.
ANIL KUMAR 8867907494
(Expert) 26 January 2013
Why u wasted so much time without taking legal action now discuss with advocate and file compensation case
Sumit
(Querist) 26 January 2013
Actually, my right hand condition is not so good...may be it will be fine more 15 days....
Sumit
(Querist) 26 January 2013
Sir,
Whether any (-) point for me in the case if I filed.
V R SHROFF
(Expert) 26 January 2013
file claim in MACT ; Lmitation 2 yrs. so u will get compensation.
Sudhir Kumar, Advocate
(Expert) 27 January 2013
You being unlicensed driver and driving uninsured vehicle dilutes you case substantially although this does not give license to the other driver to be drunk and rash.
Try you luck at MACT without waiting for your recovery.
prabhakar singh
(Expert) 27 January 2013
I think there is no permanent disability caused.
Negligence seems on either side.
One is not authorized to drive in intoxicated
condition.
Simultaneously one is not authorized to drive without a valid licence in force.
Any way medical expenditure and loss of earnings for days you did not get your pay
plus agony are the items of compensation.
Now you can well judge the compensation you can get utmost on success.
Evaluate it with expenditure to be born in court during litigation.
Then decide to go with or to quit.
Sumit
(Querist) 27 January 2013
I can get my license. Now its okey ?
Sumit
(Querist) 27 January 2013
Dear Ashish Sir,
Its fine, due to anyway I am not collect my license. But its not give the right to anybody that to damage someones badely.
Am I wrong.
ANIL KUMAR 8867907494
(Expert) 27 January 2013
In the query client has mentioned that his license has been forfeited by police so he need not obtain fresh one only insurance is lapse for which owner will be liable so this client can claim compensation
Sudhir Kumar, Advocate
(Expert) 27 January 2013
Mr Anil Kumar, His query indicates that he himself is the owner of bike. Even if he gets a new license, on the day of accident he was unlicensed. He has said license is forfeited not confiscated.
If he escalates the issue then nobody will insure his bike easily. he himself has committed a crime for being on drive of uninsured vehicle.
He has not stated if any medical was done on him or other driver.
