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Aditya Boddupalli (Research Analyst)     16 February 2011

Motor Accidents Claims Tribunal

Hello. I got a notice from Motor Accidents Claims Tribunal from Karwar, Karnataka yesterday, saying that I should pay Rs. 15 lakh for the person who died a year ago - hit by my Bajaj bike by my friend at Hyderbad. Actually, my friend was going around 40 kph speed at 2300 hrs on last March. I was out of town at that time. My friend claimed that the man already died and he hit him at 30 kph and fell. My friend sustained injuries. My friend went to the Police and told what happened. Meanwhile, the person who died was said to be from Karwar and he came to hyderbad with his truck owner to get the truck repaired.

The police regiestered a case and court proceeding went, and then the case was struck off. When the decesed person's owner claimed money, the police took my bike to RTA office for inspection. (The bike was in Police station for a week). The RTA officer said that how come a man can die when the bike is perfectly alright, no scratches and nothing. We made sure that the bike insurance money would reach to the victims kin.

In a matter of time we forgot the whole incident. Now, after a year, I got the notice (as the bike is in my name) claiming Rs. 15 lakh should be paid as Global Compensation and asked me to appear before Karwar on 23rd of this month. They also included New India Assurance's Divisional Manager and me as respondents.

Now, I want to know what to do. As am in no way to pay such huge amount and also, I have sold my bike to another friend last month. (Bike is still in my name). How can they claim money after a year? They should have contacted their local New India Assurance office for details the last year itself.

I don't know what to do and how to escape from this trouble. Kindly guide me. My friend gave them Rs. One lakh on that day of accident to them.

Thank you and regards,

Aditya.



Learning

 4 Replies

pramod (lawyer)     16 February 2011

you have to appear before court and produce license and the valid policy certificate

thats all compensation will be paid by the insurance company

if all documents are valid

1 Like

Aditya Boddupalli (Research Analyst)     16 February 2011

Hello Mr. Promod. Thank you for the advice. I would like to add that my bike was purchased in Jan 2010. The New India insurance policy expired in Jan 2011. As I've stated that I sold that bike to my other friend, he insured freshly at United India Assurance on Jan 29, 2011. So, kindly tell me which policy papers should I take, and also, what if I fail to appear before that Motor Accidents Claims Tribunal on 23 of this month. Should I contact my advocate (my earlier case was of 498 A).

Thank you and regards,

Aditya.

pramod (lawyer)     18 February 2011

mr.aditya , you have not stated the date of accident, you have to produce before court the

insurance policy which is valid on the date of accident. and the driving license

of the person who was riding the bike

pramod (lawyer)     18 February 2011

you also have to file written statement showing all these facts and detailing the negligence

on the part of the claimant,

you along with ur friend who was riding the bike have to jointly file writtenstatement

your friend also must have received the notice from the court


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