• Accident case

Sir last year one of my truck driver was died in an accident. I describe it..on june 23 2017 my truck was broke down and driver was under the truck for checking the problems, my another truck just stood behind that breakdown truck to help, both trucks were side of the road and engines were off. Suddenly one 12 wheeler truck dashed my truck who stood there for help and after thay dash it dashed with broke down truck and both of trucks were moved to right side of the road and 12 wheelers run over driver who checked the fault under truck. Sir kindly help me as the wife of my driver sent notice me as if it was happened due to my truck but it was done by 12 wheeler truck
Asked 4 years ago in Criminal Law
Religion: Other

2 answers received in 1 hour.

Lawyers are available now to answer your questions.

13 Answers

Case of rash and negligent driving must have been filed against driver of 12 wheeler truck

2) you have not reproduced contents of notice received by you

3) if any claim is filed by the widow of your truck driver before motor accident tribunal then insurance company will make payment . I presume you hav e taken insurance policy of your truck

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

You should contact a local lawyer and send reply to legal notice

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

1. What is the notice all about. please give details of the notice.

2. if the truck was properly insured then the widow of your driver would be adequately compensated by the Insurance Company.

3. As long as your truck was validly insured then is no personal liability on your part to compensate his widow.

4. There is no crime involved in this and hence even if FIR is registered for unnatural death the same would be closed soon after necessary investigation.

5. So there is nothing to worry. Ask the widow to file case before the MACT to claim compensation put of death of her husband from the Insurance company.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1. Was the FIR lodged against the truck driver who caused the accident?

2. The law is well settled that when a workman is on a public road or a public place or on a public transport he is there as any other member of the public and is not there in the course of his employment unless the very nature of his employment makes it necessary for him to be there. A workman is not in the course of his employment from the moment he leaves his home and is in the course of employment if he reaches the place of work or a point or an area which comes within the theory of notional extension, outside of which the employer is not liable to pay compensation for any accident. IN your case the workman was on the road under the truck during the course of his employment, hence you are liable to compensate his heirs for his loss. Better do an amicable settlement with his wife outside court.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Sir in case of the accident the police must have lodged the FIR and in that case the circumstances in which the accident happened must have been described.

In case i may persume the wife of driver is asking for the compensation from you for death of his husband you can reply to the same notice and further if she files for the motor accident compensation with the tribunal there is liability of the insurance company to pay.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

So hire a lawyer give her a detailed reply of notice and further for our opinion here kindly produce the contents of the notice.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Querist,

Tell the wife of your driver to file a claim petition for compensation at MACT having jurisdiction.

Have you filed any complaint against the 12 Wheeler truck ?

Regards

Rahul Kapoor
Advocate, Lucknow
24 Answers

Not rated

Person who has sustained the injury or all or any of the legal representatives of the deceased can claim Compensation in Motor Accident Cases. When an accident has happened on complaining the police has to register FIR, investigate and then charge-sheet the accused. After this, the judicial mechanism will set itself into motion.

In your case the legal heirs of your truck driver file claim petition before motor accident tribunal and insurance company will make payment. If the papers of the Truck are perfect then no need to worry. Where death or permanent disablement of any person has resulted from an accident arising out of the use of a motor vehicle, the owner of the vehicle or the owners of the vehicles will be liable to pay road accident compensation in respect of such death or disablement. The victim need not be required to plead and establish that the death or permanent disablement in respect of which the claim has been made, was due to any wrongful act, neglect or default of the owner or owners of the vehicle or vehicles concerned or of any other person.

So in this case you can help your truck driver’s widow, by way of filing a claim petition for compensation at MACT.

Ajay N S
Advocate, Ernakulam
3990 Answers
93 Consultations

5.0 on 5.0

You should duly reply to the legal notice received by you by the wife of the deceased truck driver stating that you are not liable to make any payment as compensation for the death of the truck driver as the accident occurred as the deceased was voluntarily helping the truck driver and not during fulfilling his duties of employment. Therefore, no compensation can be given to her.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

You may advise her in the legal notice to file petition in MACT for claim compensation from the insurance company.

Also, clarify whether any FIR was launched against the truck driver who caused the death by the police under 304A IPC.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

Have you registered a police complaint about it.

The 12 wheeler driver is the one to be held responsible for this.

The notice issued by the wife of your driver is not maintainable.

Even the vicarious liability will not fall on you if the insurance of the vehicle is in force, she can claim compensation from insurance company on this road traffic accident.

You can also claim insurance for your damaged vehicle

You can give a reply to her notice disclaiming the responsibilty

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

sir I need help

You can contact a local advocate who deals with MACT cases alone, who will be able to help and guide you properly

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

1. IRRESPECTIVE of the technicalities of the circumstances of the Accident, the Driver was on active duty checking the malfunctioning of the Co. Truck.

2. The above would mean Death while on Duty and the deceased's family would be entitled to compensation.

3. The Co. as well the Insurance Co. of the 12 wheeler, both would be liable, depending on the Vehicle Insurance Policy.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer