• Accidental claim case

This  is regarding accidental claim.
My father is died on accident and  accused is not having any property .
accused is only the owner of vehicle and driver .
He is 23 year old boy , who is unemployment.

i came to know that , if accused is not able to pay money he need to go to jail , is it correct ?
what will be total time period of jail , please give some example ?
shall i need to pay his expense untill he will be in jail to government ?
Asked 3 months ago in Civil Law from Bangalore, Karnataka
In an accident there will be two types of cases, one is criminal case against the accused and another shall be motor accident claims case. 
If the accused is convicted under the criminal case he will be sent to jail, you need not pay anything for keeping him under jail.
For Motor accident claim, if the vehicle is insured then the insurance company shall pay the claim amount. 
T Kalaiselvan
Advocate, Vellore
14149 Answers
127 Consultations
5.0 on 5.0
please let me know the complete process with example for accidental claim .
i heard that i need to pay money to court in case of civil case for accused , is it correct

In case of motor accident claim case, if there is no insurance policy then the owner will be made liable for payment. 
If the owner is not able to pay then you may file a petition for arrest and lodging him in a civil jail, that time the expenses are to be borne by you. 
T Kalaiselvan
Advocate, Vellore
14149 Answers
127 Consultations
5.0 on 5.0
1. If the civil court orders him to pay the compensation, and he is unable to comply it, he may be sent to jail by the court. This is the maximum that the court can do. This will be preceded by attachment of his properties, if any, to recover the decreed amount. 

2. You do not have to pay him anything for being in jail.

3. No money is to be paid to the court to claim compensation, you have to only pay the fee of your lawyer.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Dear Querist
If the vehicle was not insured then only the driver will be liable to pay otherwise not.

If the court pass an order for claim against the driver who has nothing then court have no other option except sending him to jail and in this senerio you have to pay diet money for him as per rule which is Rs. 38 per day in Delhi.

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1) third-party insurance is compulsory for all vehicle-owners as per the Motor Vehicles Act. since driver is unemployed  In case of death, the dependents of the deceased can claim compensation from insurance company on the basis of the income lost. Medical expenses can also be claimed for treatment of the injury that was the cause of death

.2)  For property damage, surveyor's report, original bills from an authorised garage and motor vehicle inspection report are required to quantify the loss. 

3) .in case  victim dies police will file , the criminal case under  Section 304 A of the Indian Penal Code which provides for offences relating to death due to negligence.

4) Where death or permanent disablement of any person has resulted from an accident arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicle shall, or as the case may be, the owners of the vehicles shall jointly and severally be liable to pay compensation in respect of such death or disablement


5) When the car is insured, the insurance company takes over the compensation liability.
Ajay Sethi
Advocate, Mumbai
23346 Answers
1221 Consultations
5.0 on 5.0
You have one option against the accused person. You can approach the Motor Accidents Claims Tribunal for claim compensation. Medical expenses can also be claimed for treatment of the injury that was the cause of death.

 MACT deals with matters related to compensation of motor accidents victims or their next of kin .The Tribunal deal with claims relating to loss of life/property and injury cases resulting from Motor Accidents. In case of death, the dependents of the deceased can claim compensation from insurance company on the basis of the income lost. Medical expenses can also be claimed for treatment of the injury that was the cause of death


Insurer is also a party to the Claims case. In Motor accident claim, if the vehicle is insured then the insurance company shall pay the claim amount.   Section 146 of the Act makes it compulsory for the owner of the vehicle to get his vehicle insured against third party risk. 

If the vehicle was not insured or the time for insurance is expired then only the driver will be liable to pay otherwise not.

But the government directly took criminal case against the accused (driver of the vehicle) . If the accused is convicted under the criminal case he will be sent to jail, you need not pay anything for keeping him under jail.


What all documents should accompany the petition?

1. Copy of the FIR registered in connection with said accident, if any.

2. Copy of the MLC/Post Mortem Report/Death Report as the case may be.
 
3. The documents of the identity of the claimants and of the deceased in a death case.

4. Original bills of expenses incurred on the treatment along with treatment record.

5. Documents of the educational qualifications of the deceased, if any.

6. Disability Certificate, if already obtained, in an injury case.

7. The proof of income of the deceased/injured.

8. Documents about the age of the victim.

9. The cover note of the third party insurance policy, if any.

10.An affidavit detailing the relationship of the claimants with the deceased.
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
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