Hello,
The accident took place with some vehicle?
Was the case registered by the police?
Kindly tell the facts in details
Regards
Financial Claims in case of road accidents
My family members recently met with a road accident. As a result one of my uncle died. The vehicle on which they were travelling was a rented one. When we contacted the vehicle owner, we found that the vehicle did not have insurance. What are the options available to get financial assistance from the government or vehicle owner in this case ? Also, my uncle was the sole bread earner for his family which includes his wife and two children. What government schemes can be helpful for his family to get financial assistance ?
Asked 5 years ago in Civil Law
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13 Answers
1. Since the vehicle was not insured then the owner of the vehicle is bound by law to provide damages.
2. So file case before the motor accident tribunal and seek compensation from the owner.
3. Seeing the condition of your uncle's family the amount would be considerable.
Where there is no insurance cover for a vehicle, the owner should be directed to offer security or deposit an amount, adequate to satisfy the award that may be ultimately passed, as a condition precedent for release of the seized vehicle involved in the accident. If such security or cash deposit is not made, within a period of three months, appropriate steps may be taken for disposal of the vehicle and hold the sale proceeds in deposit until the claim case is disposed.
Sir
The owner of the vehicle is liable to compensate you for the loss, You shall file a Claim before the Motor Vehicle Accidental Tribunal.
See a MACP that is motor accident claim petition has to be filed before the court and the compensation has to be claimed from the vehicle owner and the driver in case there is no insurance they have to bear the cost and the court shall award you compensation.
1. Government is not liable to give any financial assistance to the family of deceased.
2. The heirs of the deceased can file a claim petition against the owner of the accident causing vehicle before the Motor Accident Claims Tribunal.
- As per the information mentioned in the present query, makes it clear that the family of your uncle is need of urgent financial support.
- As you have mentioned that the vehicle was not insured, so I advice you to file shit for compensation from the other party, their car insurance company, and also make rented car owner as a party, so that amount may be little more as a compensation.
- Amd as far as the government schemes are concerned, there is a policy for pension for widows, and for providing basic education to the child of being sufferer of this kind of trauma.
Please go through the judgment given by Hon'ble Supreme Court in the matter of Jai Prakash V/S National Insurance co. and others on 17.12.2009, this will solve your problem.
Uninsured vehicle owners should pay accident-compensation else vehicle to be auctioned: SC
The new provision states that the vehicle will be seized by the local government, if the vehicle owner fails to compensate for the loss.
A recent Supreme Court judgement clears the air and sets a new provision in place. The court observes, "Where there is no insurance cover for a vehicle, the owner should be directed to offer security or deposit an amount, adequate to satisfy the award that may be ultimately passed, as a condition precedent for release of the seized vehicle involved in the accident. If such security or cash deposit is not made, within a period of three months, appropriate steps may be taken for disposal of the vehicle.
Besides this, the owner can be roped in for claiming compensation, the owner of the rented car is liable for the compensation since he has not insured the vehicle.
you can approach the consumer court and MACT for compensation.
Dear Sir,
The following information may kindly be read:
In the case where the fault of the driver is not proved, the legal heirs of the deceased are entitled to no fault liability which is presently fixed at Rs. 50,000/- . In case the death has occurred due to the fault of the driver the compensation is calculated on the basis of the life expectancy of the deceased multiplied by his income. The income for the purposes of this calculation is 50% of the actual income which deceased used to receive as the rest is deducted as the self expenditure. The state of the health of the deceased and his past health record is also taken into consideration while deciding the compensation. Wife along with the children of the deceased can file a case with Motor Accident Claim Tribunal to claim the compensation.
Dear client,
In case of death, govt, only gives 50,000?- that also takes time. Car collided to other vehicle ?
If not than motor accident claim will file against owner driver and owner will pay.
Hi, you can claim compensation through MACT court. I need all the details of the accident and case then only I can give you the best advice. Kindly contact with all the relevant case details.
