Motor vehicle accident law
An aged lady (81) met with an accident while marketing vegetables (an auto rickshaw hit her while driving backward without proper signal.
She sustained major injuries on her right hip, right hand, and head, operations were performed. Due to head injury her right part of body has become non-active and as per doctor's certificate she has become permanently disable in more than 60% of her body. She needs assistance of some one for her body movement and is bed ridden at present. She however can speak and express her requirement. She needs Ayurveda treatments and body massage regularly for her survival and relief from the pain. Prior to accident she was perfectly all right and doing her day to day work neatly and perfectly. She was looking after her grand children.
The auto rickshaw was insured, the complaint was lodged against insurance company and the driver along with all the papers related to the accident with the court under tribunal.
Accident took place on 02-02-2009. It is now around five years. The Insurance company, with one or other reason dredging on the case.
The monetary resources of the lady is getting exhausted and her keen and kith also gives less attention since very long time has already been lapsed. She has already spent around Rs. 10,00,000/ towards medical treatment. If her claim is nor settled in a short span of time she may put in great trouble.
We need your kind advise on this matter.
Asked in Criminal Law from Mangalore, Karnataka
You would first have to check if the auto was covered for bodily injury including partial or permanent disablement caused to other person; and, as I understand that the auto insurance would be required to have this clause in the insurance policy.
Second, you may file for claim in the high court as a writ petition to hear and decide the matter, the lady being old and having spent huge amount in treatment; which would have to be attached in the petition against the insurance company. You would also have to claim the interest, compensation, damages for harassment by the insurance company for using dilatory tactics to dissuade the genuine claim.
Dear advocate Janab Feroze.A. Shalkh,
Thank you very much for your kind reply.
I feel, I must to give you complete details of the suit to enable you to get clear idea.
(1) The suit was filed in regular court under motor vehicle case.
(2) The lady was in conscious and she herself signed the F.I.R.
(3) Her condition got deteriorated after operations performed on her right hip and
right hand. Within 3/4 days she went under heavy paralysis status and remained
UN-conscious for about 20./25 days due to brain injury.
(4) In the mean time, according to advocate's suggestion, her son lodge complaint
with munsif court against rickshaw driver and insurance company under motor
vehicle case. Her son was made as a guardian to the mother in the suit.The lady
was totally UN-conscious and was not able to make any movement neither was
she able to recognize any one from her family members.
(5) The papers were also moved to lock adalat but no compromise was materialized.
There after court only referred he matter to tribunal court.
(6) The lawyers of insurance company were dredging the matter on following major
(A) The divisional manager's place is vacant and only divisional manager
is authorized to sign the papers.hence we need to wait till new D.M.
(b) The lady in question's husband is the person who should be the
person to file the suit and not the son.( husband's death certificate
was produced and was accepted by the court)
(c) The lady expired long back and there is no Merritt in the case.(The
The documentary evidences/proofs were presented to the court
and the court accepted them all.
(D) the son can not be guardian to the parent hence the suit is not
maintainable under law.(A notarized power of attorney was produced
which was accepted by the court.)
These are few of the major points, as otherwise, the insurance company's lawyer had attempted in with many different grounds to dredge the case for long time.
Under the given circumstances, according to lawyers advise, it was decided to withdraw the suit under technical ground by reserving right to re-file the suit afresh..
The suit is re-filed under tribunal along with five of the important documents related to the said suit.The power of attorney(from mother to son) The other expenses vouchers / bills are to be submitted as and when the suit is framed with the issues.
Now please be kind enough to enlighten us whether the procedure that is adopted is correct or not ? Any other good suggestion/s that you would like to add upon.
Your kind assistance will be a great help to this aged lady who is suffering tremendously since five years
We once again thank you very much for your kind and humanitarian advise and look forward to have your better suggestion/s which will help this old lady in a great way.
Asked 3 years ago
Some more points are stinking in the mind are as under.
(1) As stated above, only five documents are filled along with the fresh suit. Is it O.k.?
(2)When should we have to five all other documents such as medical bills.vouchers etc. Our concealer is of the view that all other documents are to be filled only after the
opponent party files the written statement,however last time all the documents were submitted to the court at the time of filing the suit.
(3)The condition of the lady is getting deteriorated every day passed by,hence is it necessary to file power of attorney (mother has given to her son) right now ?
(4) In event of any untoward incident whether son is eligible to get the amount of the suit ? What steps are required to to taken now for this purpose?
(5) All the voucher and other documents are still remains with the suit filed earlier.
lawyer are of the opinion that we shall call entire file with all the documents to be attached to the fresh suit
Kindly advise us in this matter.
Thanks and kind regards..
Asked 3 years ago