• Rule on motor vehicle act of third party claim

Sir I have met an accident and lodge the case agenst Insurance for third party compensation. Under Motar vachel act. Since I was covered by My daughter company insurance (Private Insurance) , the payment was made by private Insurance compeny.
Can I clame that amount from theird Party Insurance act.0r Not.If there is any roul regardin this pl give the copy,
Asked 7 years ago in Civil Law

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4 Answers

third party liability insurance is mandatory for vehicles in India

2) the compensation the claimant can ask for is unlimited, provided he is able to prove the other person’s negligence in driving.

3) Only for bodily injury, loss of life or damage to property, will you be encouraged to claim against the third person’s policy.

4) After an accident, when you want to claim for damages from a third party, you need to file a case in Motor Accidents Case Tribunal. This has to be done within 60 days of the accident. the court will summon the owner/driver of the reported vehicle and also the insurance company.

5) The insurance company will then check if the driver had a valid licence, insurance policy, etc. before he decides to pay the claim. The support from an insurance company will however come to you here only if you are claiming for bodily injury or loss of life or damage to property.

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. The private insurance company of your daughter will pay you the money towards your medical treatment/ expenses.

2. As far as third party claim in concerned under the MV Act you are paid towards income loss arising out of disability from the accident.

3. So you are entitled to compensation for your disability under MV Act also.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

You cannot avail insurance benefits more than once on the same accident from different insurers.

In fact It covers your legal liability for the damage you may cause to a third party only - bodily injury, death and damage to third party property - while using your vehicle. ... Under your third party insurance, a third party can file a claim for compensation for injury, death, property damage caused by your car.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

Kindly give suitable advice with sporting documents.

Thanking You

Filing an FIR and obtaining a charge sheet from the police

Approaching a Motor Accident Claims Tribunal through a motor claims lawyer

Examining of the claim by the court and fixing a liability

This process seems simple, but there many facets that complicate it, such as the particular scenario in the case, coverage of both parties, etc

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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