yogapaartiban (CONSULTANT) 30 December 2019

Accident compensation claims

Person (A) travelling in public transport(bus). The bus meets with an accident with a private vehicle (lorry). "Act of negligence" by lorry driver. The driver cum owner of lorry dies. Several persons traveled in the bus gets injured and some dies. FIR filed on day of occurrence u/s 279, 377, 304(A). Charge sheet pending more than 4 months. Now, passenger (A) who got wounded in hospital and discharged wants to claim for compensation. Please advise. IMPORTANT:- I'm a lawyer. Above is just one case, if anybody could provide the procedure in the form of a general flowchart or stepwise procedure it could be much appreciated. Since this is the most confusing area of ambiguities. Thanks in advance.

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Ghazala Rahman (advocate) 30 December 2019

👍👍👍👍👍👍👍

P. Venu (Advocate) 31 December 2019

The concerned passengers can proceed against the owner and driver of both the vehicles as well the insurance companies before the MACT.

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Daniel Martin (Nusin) 01 January 2020

time limit for appealing in accident

yogapaartiban (CONSULTANT) 02 January 2020

Thank you Sir, but the problem is the owner and driver of the vehicle being the same person. This owner cum driver against whom claims has to be made died in the same accident. Victim (who wants to claim for insurance), being one of the passengers/victims of that incident.

yogapaartiban (CONSULTANT) 02 January 2020

T. Kalaiselvan, Advocate (Advocate) 02 January 2020

The insurance claim is based on the insurance policy.

If the insurance policy is effective as on the date of accident, then the deceased passengers heirs can file claim petition under the provisions of MACT law.

The government buses are generally not insured hence the claim against the government seeking compensation may not be very fruitful.

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yogapaartiban (CONSULTANT) 07 January 2020

Thanks a lot Sir. Here my client is alive. He has complete medical billing from date of admission to discharge. Client traveled in bus(govt). The drive's fault (cause of accident) is the opposite vehicle (private lorry) as per FIR. The driver cum owner deceased on the same accident. So, this is the complex situation. What are the claims that my client can initiate?

T. Kalaiselvan, Advocate (Advocate) 07 January 2020

The victim can claim compensation through insurance company of the vehicle whose insurance is effective as on the date of accident.

The claim may be based on the gravity of the injuries including the disability and the percentage of permanent disability due to this accident.

You may contact any advocate who practices only in the field of MAC tribunal cases for further assistance and suggestions.

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Accident compensation claims

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