Dear Experts, I met with an accident on 25th October around 11:45 PM, On National Highway 60 near HIWARGAON TOLL Plaza, Sangamner (MH). I was travelling with my family on my Pesonal Car Tata Tigor. My Brother was driving and the speed was around 85 to 95 KMPH. There was a huge pothole on the road, which caused mycar to lose control and crash it. Luckily we all 4 people survived with minor injuries.The car turned, rolled up / down 3 times and resting in Standing position on the side ( service ) road, before we forced to patrolling people to block the road by barricades so that it prevent other vehicles should survived we have observed at least 5 other vehicles during that time which also crashed the pothole was huge.and most of the vehicles running over it were getting damaged. Major Damage is with Car it had been completely crushed, and the expenses to repair it is around 4 Lakhs, My Car Insurance expired on 29th May 2018, and missed to renew the insurance. Please advise whether I can claim for Compensation to the damages and to whom? The toll amount which i had paid and details for the journey on the said road is - National Highway Authority of India (NHAI) Toll Contractors Name - Khed Sinnar Expressway ltd. Toll Plaza Name - Hiwargaon Pawsa. Paid Rs. 80 as toll and have the reciept also with me. Upon returning of my journey, on 29th October i have filed a written complaint to Toll Plaza and awaiting their response.
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You should claim compensation for damage to your car from Khed sinner express way ltd
2) it is their responsibility to maintain highway in road worthy condition
3)you have paid toll for use of highway and are entitled to claim compensation from toll contractor
4) file complaint before consumer forum and seek compensation for loss suffered by you
See for injuries and damage you can claim damages
Further you can file a.consumer complaint seeking damages though for car they can take objection on same but.you make get relief as you have paid and it is there responsibility to maintain highway.
Have you file FIR agasint the contractor who has tender to collect toll plaza and maintenance of road ? Gather all peoples who faced accident and file FIR, police will prepare spot report, valid proof of pot on road.
Along with, click the pictures of accident place and pothole before it undug. Than by approaching consumer court, you can claim the compensation and damages with interest.
Since the accident occurred due to bad roads on the N.H.A.I laid and maintained roads, you can file a claim petition before the District court against N.H.A.I for the loss and injuries you suffered. Produce all the receipts, bills and quotation received from the valuer and seek out your remedies.
Since your car insurance has expired as on the date of accident you may not be able to claim insurance amount towards the damages you suffered.
However there is no restriction on yo to claim damages against the toll contractor for not maintaining the toll road properly due to which you suffered this huge damages.
You may drag the toll agent to consumer court seeking damages as well as compensation.
You can file a writ petition and make toll company a party along with National highway, state government and other agencies who are responsible for the potholes
if your payment isn't received before 12:01 a.m. of the expiration date, your insurance policy ends immediately. you will not be able to claim insurance as you will not have a valid insurance cover but you can claim compensation for damage to your car from NHAI Toll Plaza Contractor.
Yes you can claim the damages.
The claim case should be filed against toll plaza company.
They are the one who are responsible for maintenance of road and to see that no pathole will become dangerous for vehicle on toll road.
You can file case against toll authority, the contractor, the road responsibility agency and central government. Because of road potholes car got accident and in their toll advertisements they have promised to provide get road service. So it's central government and that agency who is running this business is their duty to provide your claim facility.
Have you took photos of potholes.
Thank you Experts for valuable advice, I am following up further with my previous question, Please clarify couple of points- 1) Who is the liable party for compensation? Is it NHAI or TollContractor or Central Government? 2) Where should i approach for resolution? Is it Consumer forum or District Court? 3) What level of charges I should go ahead with? Will it only be a Civil case / Consumer Case? or Criminal Case of endangering my and my families life by their failure to repair the road? 4) The Damaged Car is on Auto-loan Hypothecated By HDFC Bank Ltd. for 60 Months, 28 Installments have been paid and 32 Installments are remaining as of today. If I wish to hand over the damaged vehicle to Bank and stop payment of the Auto-loan, Will bank settle only with possession of the damaged car? or will they ask additional amount from me? If So how will they recover money from me, will they file case against me?
1. If it's National highway make national highway authority and contractor party.
2. Approach consumer forum.
3. It shall be consumer case.
4. No bank will not settle fir damaged car. It will recover the additional amount from you.
NHAI and toll contractor are liable
2) approach consumer forum as you save on court fees
3) also file police complaint of criminal negligence
4) bank will not settle for mere possession of car would insist on repayment of loan amount with interest
1. If the NHAI is maintaining the roads and it is withing their toll services, then they can be made liable for this compensation.
2. Consumer forum
3. Since the NHAI is collecting toll charges, it would be a consumer deficiency case, hence a consumer redressal forum may be a correct place to seek compensation.
4. You may have to enquire from the bank about this because they may be having different yard sticks to deal with such cases.
1) Toll Contractor shall be solely responsible.
2) Consumer Forum.
3) Consumer Case.
4)) if vehicle damaged the insurer will reimburse the payout amount to the financer, while the excess amount, if any, shall be borne by the insured.if there is no insurance cover for a vehicle, the owner should liable to pay.
NHAI or TollContractor - Both
Consumer court.
Consumer case.
Bank will not take damage car, if you stop payign Emi`s, bank will file for recovery and you will declare defaulter and due amount recoverable by other filling recovery suit.
You can approach consumer court for the same but writ Petition will be speedy and ideal