Motor accident Muawaja (Reparation) case
Accident happened by my car to One bike rider. One of them passed away during treatment. Driver was driving the car. Driver bail done. Car is released from police and now at workshop and under repair. Victim family filed Muawaja (Reparation) case at Moradabad(UP). Summon received at my home.
What will be further proceedings.
Asked 6 months ago in Civil Law from Aligarh, Uttar Pradesh
The Motor Accidents Claims Tribunal will hold a trial to determine your liability to compensate the heirs of the deceased. The factors such as the age of the deceased, the loss of income, rashness and negligence involved and whether he was the lone bread winner of the family are to be considered before quantifying the compensation amount which is likely to be in lakhs.
1.You should file engage an advocate to appear on behalf of you in the court and file reply and documents related to third party claim insurance .
2. You should submit the third party insurance papers to defend yourself from the claims.
3.If there is a valid insurance policy existing at the time of accident, then you dont have to worry about the claims of the victims, the insurance company will take care it
You must be having third party insurance of your car
2) claim for compensation would be filed its against you and insurance company
3) third party insurance covers your legal liability for the damage you may cause to a third party only - bodily injury, death and damage to third party property - while using your vehicle.
If the vehicle insurance is in force then the insurance company will pay the compensation as ordered by court.
The criminal case only has to be attended accordingly through a lawyer.
you need to attend the date through your lawyer and bring in the insurance company as party to the case , the insurance company will pay the money to the deceased if you had your insurance , else you will have to pay.