• RTA due to negligence by a contract driver of Volvo road leveler

The deceased male/66yrs and and grievously injured 6yrs are innocents, and did not violate any traffic rule. Accused drive ran away from the scene and he is been traced by police now. Road where construction was going was under tender contract to one engineer. the vehicle i.e, volvo road leveler is a huge heavy vehicle ran over the victims. one person died after 4-5 hours in hospital and the child sustained grievous injury ( fracture of thigh bone with degloving of muscle mass) is still undergoing series of surgeries.

my queries/ questions are:
1) none from the contractor side have contacted the victims to lend helping hand/ support financially. Are there any provisions for immedieate compensation to the victims.
2) Under what all categories (courts) the case should proceed. 
3) how can maximum compensation be sought to the victims
4) Can the contractor be one of the party, what are his responsibility and liabilities. ( respondent superior or owner negligence can be filed)
5)Are there any special or different laws pertaining to the RTA incidents occurring in road construction sites?
Asked 1 year ago in Criminal Law from Belgaum, Karnataka
Religion: Hindu
1) police will file case under action 304 A if death occurred due to rash and negligent driving 

2) the owner of vehicle  has to compensate the victim in case of accident . Insurance company takes over liability if vehicle has third party insurance 

3) for compensation you have to make claim before motor accident tribunal 

4)there is provision for awarding interim compensation under provisions of motor vehicle act 

5) amount of compensation to be awarded depends upon income of the deceased , his age etc
Ajay Sethi
Advocate, Mumbai
33836 Answers
1879 Consultations

5.0 on 5.0

Hi 
Hopefully the FIR has been registered. 
Our suggestion would be to file a case under Fatal Accidents Act wherein the compensation claim might be higher. 
You should implead the contractor and he is fully responsible and should pay the compensation. 
The other option would be to file a Motor accident case, but the compensation is likely to be lower.
Rajgopalan Sripathi
Advocate, Hyderabad
1076 Answers
99 Consultations

5.0 on 5.0

The heirs of deceased and the grievously injured can file a petition for compensation against the driver and contractor before the Motor Accidents Claim Tribunal. The contractor as well as the driver of the vehicle are both liable to pay the compensation to the heirs.

Ashish Davessar
Advocate, Jaipur
20797 Answers
556 Consultations

5.0 on 5.0

1) none from the contractor side have contacted the victims to lend helping hand/ support financially. Are there any provisions for immedieate compensation to the victims.

They will not respond until the police is taking any criminal legal action agaisnt them or the court orders them to give relief to the victims. 








2) Under what all categories (courts) the case should proceed. 

Under MACT






3) how can maximum compensation be sought to the victims

You may go through the provisions of the said act which clearly defines the subject query.




4) Can the contractor be one of the party, what are his responsibility and liabilities. ( respondent superior or owner negligence can be filed)

The contractor can also be made as a respondent in the MACT case.




5)Are there any special or different laws pertaining to the RTA incidents occurring in road construction sites?

MACT
T Kalaiselvan
Advocate, Vellore
23861 Answers
236 Consultations

5.0 on 5.0

1) none from the contractor side have contacted the victims to lend helping hand/ support financially. Are there any provisions for immediate compensation to the victims.

A. you should approach to the district legal service authority for meeting of initial expenses. you should immediately file a FIR . make contractor a party because he is master and act was done by his servant so liability arises against him
Shivendra Pratap Singh
Advocate, Lucknow
4127 Answers
59 Consultations

4.9 on 5.0

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