MV ACT

You have said  that student was riding on   " passenger riksha " . 

Does it mean a rickshaw pulled by man ? if so You can not claim under M.V. Act because  no motor vehicle was involved in the accident.

n o sir it was not pulled by student student was the passanger and rixa is passed in the rto as passanger rikshwa

the student was the passenger and the vehicle was driven by the driver having full insiurance policy but question is regarding the income of the student as above stated regards

From jurisdictional point of view, It is immaterial who was puling the rickshaw . 

Any way, if it is motorised vehicle  then you can file claim. so far income is concerned, it is clear that he himself is dependent on someone else. But you should work out your claim on the basis of his  qualification, academic  record, institution where he is studying, nature of his study course, loss of his future prospect etc.

He is student, offcourse no income, but you have to take the contention that he was helping to his father, if his father has any business and agrl.,. He is bright strudent, it's affected his carrier   etc.,                   

who is responcible for  pit of water ? file the case against them for negligency not upon the rixa polar.

HI ,

       I have a problem . someone took my vehicle ( with my consent) and bumped a govt teacher . the accident was simple , but the doctors (again govt) carelessly aggravated it . i gave the man some money around 60000 for his medical expenses . now after some time he filed a claim . my vehicle was not insured at that time . he is still in govt service and i think he limps a bit . he has claimed 16 lacs from me . ia am a bit worried . his age is around 30 . his salary must have been around 14000 per month . so is he entitled to such huge amount .

*I think he has claimed some money from the govt also , so will that be deducted from my claim .

*also what about rash driving , coz he was actually driving his motor cycle rashly .

* what about the liability of the person who was driving my vehicle . i was not in the  car . if he drives badly then only i am resposible , this is not fair .

hello learned people do help me . also give if some reference of supreme court or some other thing is there .

Dear Amit,

Please note that:

(a) the compensation shall be determined according to loss incurred due to injury and

( b) it will be apportioned between you and the claimant in the proportion of negligence.

Thus, if the Tribunal assesses the compentation at Rs. 100/- and finds that the claimant was  equally negligent and responsible for accident, the award shall be made for Rs. 50/-.