• Motor vehicle accident 166

Our car met with an accident resulting in the death of one person.The incident happened in Tamil Nadu A notice has come from Court with driver/ owner as first respondent and insurance company as second respondent asking to be present in person or through advocate.I would like to know
1)what is the next step to be taken by driver ?
2) will the insurance company take care of both parties?
3) what is the implication for driver/ owner of the vehicle
4)will he has to arrange an advocate himself?
Asked 4 years ago in Criminal Law
Religion: Hindu

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13 Answers

Hello sir, it is advisable to appear before the court with a advocate on the specified date mentioned in the summons..If the car was insured then the insurance company will have to bear the compensation passed by the court

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

On your side, engage a lawyer to defend your case. The insurance company will defend its stance and shall not support the case of the owner/driver. There are cases where insurance company will be relieved of their obligations and the owner/driver held liable and to pay the compensation.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

Dear Sir,

My answers are as follows:

1)what is the next step to be taken by driver ?

Ans: If it covers insurance as on the accident claim you are safe. If not contest the case and see that there was contributory negligence on the part of deceased.

2) will the insurance company take care of both parties?

Ans: Definitely, it has to, because the primary liability will be on the insurance company but some time insurance company advocates may be negligent so furnish required information to them and if you think they are not genuine then engage your own advocate.

3) what is the implication for driver/ owner of the vehicle

Ans: The driver is the owner of the vehicle and he must satisfy all the conditions which a driver must required to possess like DL etc.,

4)will he has to arrange an advocate himself?

Ans: It is better if he arranges one separate advocate.

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Section 160 in The Motor Vehicles Act, 1988

160. Duty to furnish particulars of vehicle involved in accident.—A registering authority or the officer-in-charge of a police station shall, if so required by a person who alleges that he is entitled to claim compensation in respect of an accident arising out of the use of a motor vehicle, or if so required by an insurer against whom a claim has been made in respect of any motor vehicle, furnish to that person or to that insurer, as the case may be, on payment of the prescribed fee any information at the disposal of the said authority or the said police officer relating to the identification marks and other particulars of the vehicle and the name and address of the person who was using the vehicle at the time of the accident or was injured by it and the property, if any, damaged in such form and within such time as the Central Government may prescribe.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Owner / driver should engage advocate and appear in court

2) if you have valid insurance then insurance company will pay the compensation awarded by court

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

1. Is it you made an accident and absconded from the spot and your address was tracked by the police using vehicle no.?. If yes then apply for anticipatory bail on or before your appearance date.

2. Insurance company would defend themselves.

3. Driver / owner would have to pay the compensation to the victim, In case if vehicle not insured.

4. Respondent need to arrange advocate himself.

For more information, you may get back to me.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

Dear Cleint,

If compensation case if filed, than surely be FIR u/s 279, 338, 304a IPC.

Well, it`s motor accident claim case, no big deal if vehicle insured and license to drive light motor vehicle.

Actual case will contest between claimant and company,

1)what is the next step to be taken by driver ? -- Appoint advocate.

2) will the insurance company take care of both parties? -- No,Company will try put negligence on claimant (deceased) or exonerate from liability by proving violation of terms by owner/driver.

3) what is the implication for driver/ owner of the vehicle -- nothing much.

4)will he has to arrange an advocate himself? -- yes,

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

It is a motor claim accident notice the Insurance company has liability to pay the claim as the vehicle is insured and all the condition like valid licensed is possessed by the driver.

Engage a lawyer, produce your valid Driving license, insurance and the documents requisite on the record.

Contend there was negligence on part of the other party and it contributed to the accident,

The motor claim case you wont have any hardship if all documents are proper, but you have to contest as insurance company sometimes tries to put blame on the driver by showing violation of condition. Dont worry its not tough job though hire a lawyer handling MACT cases he will take care.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) Hire one lawyer Driver and Owner of the car so for proceedings the case it will be easy to lawyer you as well.

2) What is next step of driver is totally depends upon driver questions and answers.

3) If you had insured full insurance or only 3rd party insurance its depends upon that.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

you should engage an advocate from wherenotice received andon filling reply you hv to supply insurance policy and licence of driver after that insurance company ll b held liable but you should be ex parte so engage a lawyer

Tarun Budhiraja
Advocate, Rohtak
379 Answers

4.8 on 5.0

In the MACT case, the insurance company will be held liable for compensation as per insurance policy condition.

The 1st respondent need not worry if the insurance was in force as on the date of accident.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

Dear Querist

My opinion on your queries are as under:-

1)what is the next step to be taken by driver?

Opinion:- He has to appear before the court along with the surety and get bail first otherwise the court has the power to issue a non-bailable warrant against the driver.

2) will the insurance company take care of both parties?

Opinion:- The Insurance company is only liable to pay compensation if the insurance was valid at the time of the accident.

3) what is the implication for driver/ owner of the vehicle.

Opinion:- If case proved before the court then the driver can get the punishment, the matter can be settled between the parties, if approached. owner will be safe if the driver had the valid driving license and the insurance was also valid at the time of the accident.

4)will he has to arrange an advocate himself?

Opinion:- yes, he has to arrange his own lawyer.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

First, the driver has to appear in person before the court. He can engage a lawyer to represent him in subsequent hearings of the case. If it is a valid insurance covering such claims, the insurance company will process and settle the claim.

Swaminathan Neelakantan
Advocate, Coimbatore
1920 Answers
20 Consultations

4.9 on 5.0

Yes the said case is for compensation. It is better if you appoint a lawyer for the court procedure.

Prashant Nayak
Advocate, Mumbai
27229 Answers
88 Consultations

4.4 on 5.0

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