N.K.Assumi (Advocate) 07 February 2010
Accident occured between two Vehicles one is Tata Vehicle and the other Maruti car. The negligent was due to the Tata vehicle which was having valid insurance but the Maruti car insurance was valid only up to 31st december 2009 and renewal was under process: The occupants of the Maruti car seriously injured, so whether those injured can make Insurance claim?
Swami Sadashiva Brahmendra Sar (Nil) 07 February 2010
Injured persons can claim against TATA vehicle. Expiry of Maruti' insurance has no effect on the liability of tortfeasor. It would have relevance had the claim been made against Maruti.
Rajesh Premjibhai Thacker (N.A.) 08 February 2010
Dear,
Read your question. As the the accident was occurred due to the negligence of tthe the TATA car the occupants of tthe the MAruti car are the third party against the TATA car. The coccupants of the MAruti car either claim against the driver, owner(insured) and the insurance company of the TATA car unde Section 166 of The M. V. Act-1988(Amendmed1994) under the fault liability or calim under 163-A of the act according the the Second Schedule of the act against both the vehuicle and ampunt of claim can recover from any of the tort feasor.
If you require more information please mail me on rptackher2000@yahoo.com.
Thanking you.
Rajesh P. Thacker
rajiv s jain (freelancer) 08 February 2010
hello bro
you can file claim pitition before motor vehicle claims tribunal at what ever place you reside agains TATA TRUCK and its insurance company.
as per the sarla dixit case full banch it on claiments will that against whome he or she wants file ptitions.
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