Pothole accident

Contact Advocate, there are such past cases decided by Courts.  The time, the circumstances, the speed, etc., has to be taken into consideration.

He can absolutely claim damages as well as insurance if any. But entire claim depends upon bona-fides. It is advisable to seek help of  local lawyer. 

[1] If he encountered accident while on official duty he may have a claim on his employer, which in this case is district magistrate, though it is doubtful. [2] He may have a claim on the local municipality which has the duty to maintain the roads, however this may prove to be difficult and may result in prolonged litigation. In both the cases the outcome of his claim remains doubtful. He has to lodge his claim with his insurer for the expenses etc.

You might be able to claim compensation from the council for the cost of any repairs to your car. Write to the council responsible for the road with the pothole on. Include all the details you've collected, like copies of your  medical bills, discharge summary. 

Pothole damage is usually covered—provided you have collision coverage.

Your collision coverage will reimburse you for the costs of medical bills  minus the deductible. Collision insurance is different from comprehensive insurance, which is also an optional coverage.

Kerala High Court

Marakkar vs State Of Kerala on 18 September, 2009  observed that :

t is true that initially the courts were very reluctant to mulct public authorities with liability in cases of tortious act apprehensive of the consequences. Normally, the courts would try to find out if there is any statutory provision in that regard. As far as tortious acts are concerned, it may be the result of mis-feasance or non-feasance or mal-feasance, ie., unlawful act, improper performance or negligence, omission to perform duty when there is an obligation respectively. A civil wrong committed by a person resulting in injury or loss to another person gives the latter a cause of action against the former. It may be a tort or from a contract.

Tort involves a breach of a duty independent of contract give rise to a civil cause of action for which compensation is recoverable. Usually, the remedy is action by way of liquidated damages. 

The matter has been so elaborately considered with a view to sound a note of caution to the public authorities. They seem to remain under the impression that they cannot be made liable for their culpable acts and omissions. Things have gone to such a state that it has become necessary to issue orders from courts to the authorities concerned to repair the roads. In such a state of affairs the court has to invoke its jurisdiction to come to the rescue of the public. Let the authorities note that they cannot be get away with their culpable acts or omissions with impunity. They may have to pay for their apathy. They are alerted that unless they bestow sufficient care in discharging their social obligations, they may be in peril.

You can very well sue the district authorities for this fault seeking compensation too.

Originally posted by : random stranger
	if a person works in district magistrate office in India and he encounters accident on road due to pothole and gets his both legs amputed  which cost him 170000 . can he sue the district administration office and ask for compensation ? and if yes then under which laws?

TRY to use the "Law of Torts", for your desired purposes.

Keep Smiling .... Hemant Agarwal 
VISIT:  www.chshelpforum.com

yes you can seeking support from local lawyer