Sample Questions – Motor Accident Compensations

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Q1. I met with an accident while driving a car and seriously injured another person. Is it by itself an offence punishable in law or there are other requirements which reacquire to be proved?

A. It has to be proved in case of accident that the accident was the result of rash and negligent driving. Thus the prosecution has to be prove that the person who committed the accident was driving rashly and negligently and only then the offence is proved.

Q2. I had lodged a case for insurance on account of motor accident, which took place. The Tribunal held that the liability of the Insurance Company is limited to Rs. 20000/- only. Whether Tribunal is right in saying so and what is my remedy against said order?

A. If there is no evidence on the record to show that the liability of the Insurance Company was limited to Rs. 20,000/-, the finding of the Tribunal is liable to be set aside. The liability of an Insurance company, unless there is a prohibition to same in a contract or otherwise, is unlimited You can challenge the said order before the High Court in appeal.

Q3. Can a person be entitled to interest on compensation granted in a motor accident case. What is the normal rate of interest in such cases?

A. Yes, the claimant is entitled to interest on the entire amount of compensation awarded to him in a motor accident case. The rate of interest varies from case to case and lies in the discretion of the court under the circumstances of the case.

Q4. Give a detailed legal procedure to deal with motor accidents.

A. A motor accident has two facets, one is the commission of criminal offence and the other is compensation claim. The person responsible for causing the accident by negligent driving is liable to be booked for criminal offence, further liable to pay compensation to the victim. However, if the vehicle is insured, insurance company will pay.

Q5. I want to know the legal procedure followed, when we meet with an accident i.e. someone is going on a scooter and unfortunately dashes a person crossing road, both fell down and get injuries. But unfortunately the person crossing road dies in hospital. What is the procedure followed to solve the case legally? Note: the driver has a perfect driving license, the scooter has a third party insurance, and also the driver was not going in any wrong root. It was a mutual collision. Specify the ways to recover insurance amount will we have to go to court. And if we go to court what could be punishment and penalty to the driver?

A. When an accident takes place, a case is registered by the Local Police. In your case as the person has died, the criminal case will attract Section 304 A of the Indian Penal Code which provides for offences relating to death due to negligence. The State has to prove that the accident took place with your scooter and you were driving the same rashly and negligently. In such cases the statements of the eye witnesses (if any) to the accident is required to be produced during the trial. It is also to be proved that the pedestrian was not at any fault. To claim compensation you have to file a separate petition under Motor Vehicle Act in the Motor Accident Claim Tribunal. Even if the fault of driver is not proved still the legal heirs of the deceased will be entitled to “no fault liability” from the Insurance Company.

Q6.The injured of the road accident files simultaneously the criminal case and claim under MACT. In the MACT case the driver, owner, and the insurance company are impleaded as parities. The owner takes the defense that the vehicle was unauthorisedly / illegally taken away by the unknown person who now is pleaded as driver in the case. Can the insurance company be absolved of its liability under MACT on plea of the owner that vehicle was driven by unauthorized person. The valid insurance contract/cover with the owner is however not disputed. Kindly provide case law fixing liability on the insurance company.

A. The owner is liable for the wrongs committed by his servants only if there was consent/ permission from the master to the servant. If the owner is able to prove successfully (which is most unlikely), the owner will not be liable to pay compensation and consequently insurance company will not be liable as the insured / owner.

Q7. My father was walking on the street when a scooterist hit him and he suffered body injuries. The person who hit him is refusing to pay. Can my father claim compensation from the Insurance Company

A. If the vehicle which hit your father had a third party insurance then you will have to implead Insurance Company as one of the parties to the Compensation Application which is to be filed before the Motor Accident Claim Tribunal.

Q8. How his compensation in case of death of a person calculated ?

A. In the case where the fault of the driver is not proved, the legal heirs of the deceased are entitled to no fault liability which is presently fixed at Rs. 50,000/-. In case the death has occurred due to the fault of the driver the compensation is calculated on the basis of the life expectancy of the deceased multiplied by his income. The income for the purposes of this calculation is 50% of the actual income which deceased used to receive as the rest is deducted as the self expenditure. The state of the health of the deceased and his past health record is also taken into consideration while deciding the compensation.

Q9. In case of an accident who is liable. Is the driver or the owner who has to be impleaded as a party ?

A. In case of an accident both the owner and the driver are to be impleaded as parties. In such cases the liability of the driver is only a vicarious in nature while the owner has an absolute liability.

Q10. My son died in an road accident 1 years back. He left behind a wife and 1 child. How much compensation should we get?

A. In the case where the fault of the driver is not proved, the legal heirs of the deceased are entitled to no fault liability which is presently fixed at Rs. 50,000/- . In case the death has occurred due to the fault of the driver the compensation is calculated on the basis of the life expectancy of the deceased multiplied by his income. The income for the purposes of this calculation is 50% of the actual income which deceased used to receive as the rest is deducted as the self expenditure. The state of the health of the deceased and his past health record is also taken into consideration while deciding the compensation. Wife along with the children of the deceased can file a case with Motor Accident Claim Tribunal to claim the compensation.

Q11. In cases of accident is the insurance company liable to pay?

A. If the vehicle which hit the person had a third party insurance then he will have to implead Insurance Company as one of the parties to the Compensation Application which is to be filed before the Motor Accident Claim Tribunal and only in such cases Insurance Company will be liable.

Q12. Where is the MACT courts located in Delhi?

A. Motor Accident Claim Tribunals in Delhi are located at three places namely Tis Hazari Courts, Patiala House Courts and Karkardooma Courts. Cases are to be filed according to the Police Station in which the FIR of the Accident was registered and the respective Courts under whose jurisdiction the Police Station lies.

Also See >> Motor Accident Claims Tribunals (MACT) decisions on Negligence

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About the Author

- Vakilno1 is a group of Law Enthusiasts and Legal Experts in India with a passion to provide the latest info and articles on Indian Legal System

Displaying 114 Comments
Have Your Say
  1. Sandeep mittal advocate says:

    Please tell me case law in favour of petitioner on FIR delay .

  2. m l patel says:

    Please suggest when mutual legal agreement in bike accident case violating by filed compensation case before the MACT court. besides, parties mutually agreed for not to file case before any concerned court and for the disposal of the criminal offence also.

    In view of the above, the parrty wbo has legally stated on the stamp paper out of court, can he violate this agreement by filing MAC petition efore MACT.

    Also, pl. tell me that the court can set aside such petition for claiming the compensation as the due compensation has already paid by the another pary and the same has been mentioned in the said agreement.

    So please tell me stands of the said case in the court and can it be set aside by the court as compensation has already been paid vide said agreement.

    Pl. suggest remedy.

    Thanks

  3. Dr H L Patel says:

    Is there a single case where a pedestrian “jay walking” runs across the road and dashes into a moving vehicle within the speed limit and in the extreme right lane, in an area where there is no pedestrian crossing, and sustains injury, where the pedestrian has been penalized?

  4. Sampath Kumar says:

    Dear Sir,
    A person drunken and driving his friend car (who don’t even have a driving license too) and hit my friend’s car, was along with his family and all members were escaped with minor injuries, my friend car was damaged and repairs cost estimated of over Rs. 2 Lakhs… when we asked that drunken person about charges, he is not willing to pay and giving the reckless answers saying as that on road many accidents will happen, why I should respond to you”.
    Case has been lodged and in the FIR it was written as Crime no. 155 U/s 337 of IPC (it was a petty accident case it seems, came to know from friends)
    So, here my query is: Sir with the above things, what type of other sections can be included from Traffic Police, Law & order or other sections” Please help us…

  5. Guruprasad Mahakud says:

    I got injured in an accident in 3/3/2003 for which doctors amputated my right hand from above the elbow.Trial was being executed at Keonjhar court and compensation was fixed too little money i.e. 10,000. So my pleader shifted the case to the High court in the year 2006. But my pleader has not informed about the hearings of the case till now . Can I get such information on internet? pl. give me suggestion to avail such information /

  6. Gaurav Agrawal says:

    My friend was driving my car (who have a valid driving license too) and had minor collision with another car while overtaking , there was no injuries to both the parties, but both the cars got minor damaged and repairs cost estimated of over Rs. 2000 to Rs 3000. what type of sections can be included from Police, Law & order or sections on Me or My Friend and what should I do if the second lodges any complaint against me ” Please help Me.

  7. antony mumbai says:

    aim driver while i am driving one person fully drunked and fall on my car i had accidend , whats the law in this case how to face the problems thank u pls advise me

  8. Rajni Sharma says:

    My jiju met with an accident. There were 4 family members one of them died. My jiju recently discharged from hospital. Nw they want to get justice bt want to make settlement with offensive party bt they are ignoring. So plz tell us wt shud us do?

  9. biswajit says:

    claimant died during pend ency of his claim before claims tribunal weather his legal representative are entitled to contest the case

  10. jastej says:

    the rights of a person is said to be crystallized on the date of filing of the suit. from that point of view it seems that LR’s are entitled to continue with the claim petition.

  11. Jastej S (Team Vakilno1) says:

    get an FIR registered against the other party (if it was the mistake of the other party)

  12. Rohit Gupta says:

    Dear
    If a person in died in accident with bus and his total income of month is rs. 6000/- per month. he is un married and his father is totally depend on him.
    how to calculate compensation against third party in motor vechile act.

    Rohit Gupta

  13. Jastej S (Team Vakilno1) says:

    Multiplier method as given in schedule 1 of motor vehicles act 1988 will come in aid here. If he spends 1/3rd on himself then after deduction yearly income will be calculated and then it will be multiplied with the multiplier suitable for his age.

  14. santosh says:

    sir,My son and wife died in an road accident 5 years back.Wife along with the children during the visit to shirdi (m.h) meet an accident .my son is spot death,and wife is injured form head injuries. under treatment for head injuries to continiously three month.situation is very critical at This movement.so iam not file FIR against to vihicle owner or driver. but i am file to compensation FOR file a case with Motor Accident Claim Tribunal JAGAON (M.H)
    and one more thing at time of driving our driver licence is expired. I don!t know about fact. my advocate case is file Moter vehicle act 1988 section 163 to campanstation to 4 lakh amount .he show my wife house wife but she is working women.can rectified amount and case, after 5 year,s loss i have no relief from court what CAN I DO SIR PL. ADVICE ME OR MAIL [email protected]

  15. Jastej S (Team Vakilno1) says:

    If you want to make any rectification or amendment in the pleadings, then you can move an application under Order 6 rule 17 of CPC and seek to amend the pleadings.

  16. Nikhil says:

    I am going through a case with section 304A , i would like to know the process to settle the case. The complainant and witnesses of the deceased agree to settle the case. Please tell me the legal process if we all agree at a sum to be paid. What course of action need to be taken legally to settle the case and how the payment should be made.

  17. Jastej S (Team Vakilno1) says:

    The cases that can be settled or in legal sense ‘compoundable’ have been given in Section 320 CRPC. You can compromise only those matters. Some more offences, other than as mentioned in section 320 CRPC, can be allowed to be compromised only by way of filing a quashing petition in the High Court. But the powers of the High Court are discretionary in nature and for such a heavy offence as section 304A IPC, the High Court may be reluctant to quash the same.

  18. Mr Srikant says:

    When somebody is found neglect of a accident and the person has suffered horrible injuries does the person make a claim directly at the drivers insurance company or can they appoint a representative on behalf of them to deal with the matter.On average how long does it take from start to finish for a very straight forward case to be settled by the other side and how much does one expect to receive if the prospect has total and permanent disability as a result of the accident and unable to work again for the rest of his life

  19. Jastej S (Team Vakilno1) says:

    person has to stake claim directly in the Court. Where he is disabled to such an extent that he could not file a case, in such a case he can authorize somebody to file a case on his behalf and the former can come in as a witness in the case. Generally it takes around 2 years to settle the claim in the Accident Tribunal. Expectation of compensation depends upon the facts and circumstances as pleaded and proved by you. For Ex. Nature of injuries, dependents, disability etc.

  20. Nabamita says:

    My brother passed away in a road accident in 2011. The lower court has given a compensation of only 19 lacs. He was 25 years old and working for a reputed it company. I donot think his life was worth 19 lacs. Had he been alive he would have worked for another 25 yrs and earned about a cr.Is it advisable to move to the high court? Please advice.

  21. Mr Srikant says:

    Will the insured insurance company deal with claims or does it compulsory has to be lodged with the courts,i believe not so long ago a scooterist was involved in a major incident he then took down all particulars of the other driver as well has reporting it to the police who had it on record,he then took his scooter to be repaired and the garage filled out the accident damage to submit to the insurance company as well as the injuries sustained loss of income etc etc and the insurance company made the payment directly to the client

  22. j syamkumar says:

    my father died road accident lower court 10lacs sanction compensation.insurance holder going applied highcourt.my father died 2004 now 2013 when will spend time total year highcourt 7year but no judgement final.plz give approximately time complete my case

  23. Jastej S (Team Vakilno1) says:

    Generally when the Insurance Company goes in appeal, the Hon’ble High Court issues notice to the respondent/claimant only after the Insurance Company releases the amount of around 50% or more to the claimant. Sometimes where matters are complicated, the cases are admitted. So, it might take some time then. You can make an application for early hearing if your case is admitted.

  24. Alok says:

    My father 77 years was injured as he came out of the gate of the house and was about to start his scooter when some vehicle ( no idea who) came and hit him.He was treated in hospital and about Rs. 2 lacs were spent on treatment. He had valid scooter insurance, driving licence . He expired after 2 days. An FIR has been filed by me . What can we expect on the FIR , the compensation to my mother, and other legal outcomes of the case .please suggest. Can we get back the amount spent on the treatment.

  25. Sir, I had purchased a vehicle on 31.03.2013 and my vehicle was regd. in RTO on 02.04.2013. Sir, but my motor insurance starts from 31.03.2013. I have a small question please response “How can Insurance agent of The New
    India Assurance Co. Ltd. has insured my vehicle without registration.”

  26. Jastej S (Team Vakilno1) says:

    you can file a claim case before the Motor Accident Claim Tribunal. you must consult some local advocate in this regard. This is because of the reason that the procedure for claiming compensation, even if I explain to you, you will not be able to file a case in this regard on your own. You will have to take active advice from some local advocate.

  27. Dear sir,
    my mother & brother expired in a car accident in the year jan 2011, two years pass by still we didnt recieved a claim,
    please guide me hw much time it took.
    the lawer is taking to much of time. pls give your suggestion.

  28. Jastej S (Team Vakilno1) says:

    Generally, it takes around 2 years in such cases. The only way is to request your advocate to expedite the trial. However, there may such cases where witnesses are absent or could not be found. The time taken depends upon the facts and circumstances of each case.

  29. My 29 year old son died in a road accident. He was a government employee but probationer at the time of accident. His monthly salary was Rs.6400/- pm fixed for 2 years but after completion of 2 years his salary would have been Rs. 24800 /- pm in full scale benefit. Before joining in government service he filed 2 income tax returns also of 2 lac pa. what figure should be counted for his annual income. Anybody show me the way…any previous decesion of high court / supreme court… tell me…

  30. beepee says:

    once i was driving my car and my colleague was also with me, we met with accident, my colleague died and i got hurt,now colleague parents is asking for compensation,is it legal or can i go to the court against of it……

  31. Jastej S (Team Vakilno1) says:

    your colleague’s parents can claim compensation from your insurance company.

  32. bhargav says:

    once i was driving my car and one of my friend was with me, we met with accident, my friend died and i got injured. now my friend,s brother is asking for a particular amount.and threatening me for police case.kindly advise me what to do in this situation.

  33. Jastej S (Team Vakilno1) says:

    when did the event occur?

  34. Nilesh says:

    My brother met with an accident ,he was going wid his friends
    family ‘.My brother and 7 others died in same.My brother was driving the car and he has valid DL,first party insurance.
    Now my brother’s friend family hire a advocate to claim on us.
    Please let em know in which situation that claim can come on us.??Plz reply.

  35. Jastej S (Team Vakilno1) says:

    They will also make your insurance company as a party in the said case. If your insurance is proper then in the event of giving compensation, your insurance company will be paying on your behalf and you will not be liable.

  36. abhinav says:

    hello

    my brother got involved in an accident he was drunk nd blood report showed alcohol of .6 so now the party injured got admitted and he had medical insurance so he claimed medical expenses through medical insurance so m i liable to pay that too other than his pain and salary for not being able towrok. He had a shoulder fracture nd head injury he daugther had head injury that too was claimed by medical insurance.
    And what about state case after compromise would there be any jail term?

  37. Jastej S (Team Vakilno1) says:

    The injured party can seek compensation under Motor vehicles act. If your vehicle was insured then there will be no problem because whatever the MACT decides, the same will paid by the Insurance Company. So far as the criminal case is concerned, if the other party is injured the offence might be compoundable. If it is compoundable then there will be no jail term.

  38. Bhargav says:

    sir it has been four month for this case.

  39. brijesh says:

    my truck was missing on 5 jan-05,and lodge FIR,what road tax is payble or not?plz give rule & law.

  40. Karan says:

    Important information need to
    share in the public interest .And to
    help prevent corruption ..
    If you are not carrying license or
    vehicle papers and you are being
    challaned, don’t pay the fine
    immediately , you will get a legal 15
    days to show the papers. Your
    challan can get cancelled by
    showing the papers within 15 days
    of the challan date.
    The information is via the Right to
    Information Act.
    Kindly share this information !

    is it true…
    cn i get the section where it is stated?

  41. ramesh karje says:

    hi
    i met with an accident on 28th april in my ritz car @ bangalore It was driven by a driver & banged behind honda city car. My self & my mother both got major fractures & bedridden for 4 months. 2 months completed, the total loss due to medical expenses & loss of pay is crossed 4 lakh rupees. Till now driver paid penalty @ court for his mistake. What is the next procedure to get compensation for injury for my mother & myself

  42. Jastej S (Team Vakilno1) says:

    Where the injuries have been caused due to the negligence of other motor vehicle, then you can file a case under Motor Vehicles Act 1988 for grant of compensation on account of loss etc.

  43. vinod M says:

    My Parents met with an accident, they were on a two wheeler and were dashed by a Truck,both of them died in that accident.Under which section should we file the claims for compensation. and for what amount. My father was 62 years old and mother 55 years.

  44. abhilash says:

    i met with an accident to a scooter which was driven by a guy in alchoholic content of 13mg in his body. and he had claimed 700000lakhs in the court . did i am liable to pay the compensation or not? please help me

  45. Jastej S (Team Vakilno1) says:

    Firstly, make sure that your vehicle was insured at that time. Then in the event of the case, if your fault is established then you need not pay anything and the insurance company will be making the payment.

  46. Jastej S (Team Vakilno1) says:

    You can file a claim petition either u/s 166 or 163-A of Motor Vehicle Act, depending upon the facts and circumstances of the case.

  47. shameem says:

    Dear sir my brother is highly injured in accident. One of the car hit the my brother, and car driwar have no license. pls give me suggestion and section ,which sec apply for punishment and copnsession.
    Thanx

  48. Jastej S (Team Vakilno1) says:

    For punishment the offender can be booked u/s 279 and 337 of Indian Penal Code. For compensation you can file a claim petition under Section 163-A or Section 166 of the Motor Vehicles Act 1988.

  49. ms.chia says:

    Motorcycle without a license, drive load unexpected hit others, how to take legal action

  50. Mr S Kent says:

    I was wondering is there any Claim Companies in India who can assist victims of non fault accidents just like there is the USA/United Kingdom.If not can a company be set up and what is the average time scale to settle straight forward accident claims assuming there is no dispute in Liability
    Thanks

    Mr Kent

  51. My father met with an accident around 2 months ago and the vehicle no. which was provided by public was wrong as informed by police. In case vehicle remains untraced is there any provision we will get compensation from government wherein my father was badly injured and he has gone through 3 surgeries. We have spent around 4 lacs already and treatment is still in process.

  52. ajay garg says:

    A was driving a bus on a kacha road at high speed .there were iron sheets placed on the top the bus.on way some of the iron sheets fell down on the head of B and also injured some other persons walking on the road .B was carried to hospital by A.B died after a month.HasA commited any offence?please suggest me some points to defend the driver of the bus.

  53. rahul garg says:

    A was driving a bus on a kacha road at high speed .there were iron sheets placed on the top the bus.on way some of the iron sheets fell down on the head of B and also injured some other persons walking on the road .B was carried to hospital by A.B died after a month.HasA commited any offence?please suggest me some points to defend the driver of the bus.

  54. ASR says:

    HI Legal Experts,

    Undergoing a case filed by scooty rider(56 years/85kgs.,), smashed her scooty to my car 3 and a 1/2 months ago. It was hardly 100 mts., distance from the cross-roads and they consider me at fault at stake, however, she un-consciously banged her scooty to my car left vertical door-pan. I dropped her to hospital along with her husband keep informed, beard medical expenses, however to my utter astonishment, he filed FIR against me. I got intimation, now, my car got ceased by the local police, despite of the known fact that the cell number i was traced with, is found my the victim, proves i called him, then. M lost Alice in wonder land and no clue for the next proceeding !!!

    IT’s ALWAYS BIG VEHICLE AT FAULT??? Is it an amendment in our Indian constitutions?

  55. I drive two wheeler on one side & another two wheeler done accident then what i do?
    the another party calling me for money, for their vehicle damages, when i also damage my vehicle.
    Give me legal procedure for solve this problem, fast as soon as possible. plz

  56. Dear Sir,
    While I was taking turn to my right side “T-point” from main road to a small road. A furious biker was coming from opposite direction “on main road” collided with my car at the turning point when I was almost turned to small road. He became hopeless and didn’t even apply his bike breaks.It is non-residential(agriculture fields)area.He was injured seriously and fainted at the movement. I took him to hospital and paid for initial medical test and treatment and called his family members. He lost his two teeth and had to admit in hospital for a week. Except first bills rest of his medical expenses were born by his family. Bike driver is of middle age and might not have driving licence. First his family ask to me for over one lac compensation which they spent on his treatment though I agreed to pay 25 thousand but did not accept my offer. Finally, his nephew had filed case for rash and negligence driving. I had bailed myself and my car too. Sir I don’t have knowledge of legal procedures, would you please suggest how long this case will take to get settle and what penalty I could get to bear in any case. Court already has sent summon and I have appeared at Court once and next date has given to me appear next month.
    Thanking you

  57. Sir, where petition maintainable claiamate
    is mother of deceased was expired during pending of motor vehicle accident case in tribunal ,can legal heirs can claim ,mother share of compensation..bnreddy

  58. tusshar says:

    sir , my brother met with an acident , one person hit him and the person deid in spot , my brother is seriously injured , that person didnt have licence , the bike is also not of him , they lodge police complain , and we gave a statement also in police station , we are not so rich , so ..ligaly we have to pay compensation ? plz help us…

  59. Sumant says:

    sir, I have sold my m800 car on may2013, thru ad on olx and after filling form 29 & 30, sale receipt and delivery note signed by the party and ID proof of the buyer, I handed over the possession of the car to the party with the note that he will change the R.C himself as he insisted and will be responsible for any mishappening & I was the 3rd owner. In july’13 it met an accident and he himself alongwith 2 other person died at agra. Now notice have been sent for compensation to me as the RC was not changed by him.

    What is the liability of mine in this case and how can defend my case & prove my innocence.

  60. Sir,

    I met with an accident on 4th oct 2013 in Chiplun while traveling to Ratnagiri, I was on the driving seat and on a narrow lane i was behind a truck, i just moved my car to the next lane and was at the centre of the road and a car coming from other side bang me. I was driving Fiat Punto and the second party was driving an Astar (Maruti Suzuki). I was quite slow and was wearing the seat belt. After the accident I got down , the other two people were severely bleeding as they had injuries on their forehead. I quickly with the help of local people who had gathered there, sent them to the hospital for first aid. In the mean time police came and I explained the entire senario. After hearing to me they asked me to registered the case ( FIR) which I did and later, they blamed me for the accident. I had to come out on bail terms. they have charged these sections on me ( 279,337,338,427 and 184). Now the case is in Chiplun court and i have yet to receive the charge sheet. I met the second party and suggested a mutual settlement and yet to receive a response from them. I had all my documents of the car with me while traveling and submitted them to local police on their request.
    Now my questions are ?
    1. How can I settle with the second party.
    2. Police have booked me in the case and considering me as a party in the fault.
    3. How can we settle the case in the court and how can I prove that I was innocent and still willing to help the other party.
    4. What would be the courts opinion if we accept the fault as mentioned in the FIR or shall I defend my self and fight the case.

    Request you to please help with the appropriate solution.

    Thanks

    Vishal

  61. ashwin says:

    My dad was killed in a car accident,my mom was also injured badly, the car driver is responsible as he slept while driving, i’m from a middle class family and my mom is a home maker, my father is running business in my mom name, according to the act how much will i get, my fathers annual income will be around 7 lakhs/pa, please guide me, what are the other ways i can get claims, im in serious trouble, im just 22 and have a lot of burden in my arms,

  62. Gangadhar Reddy says:

    Sir, My brother is an engineering student…19yrs old…he was in 3rd year B.Tech…he was killed in a road accident on September 2nd, 2013 by a Bus driver(APSRTC driver)..How much compensation should we get?

  63. Anonymous says:

    the accident occurred between two two wheeler having equal engine capacity. how does this fact works in motor accident claims and can this be taken as defence to reduse the amount of compensation?

  64. Joice Joseph says:

    in a bus accident, if i lost my three tooth, what i have to do?

  65. DHANYAPRAMOD says:

    If an accident take place, vehicle is insured, driver is liscenced. If orwner is in abroad, can we get insurance claim??

  66. s natarajan says:

    I met with a Road Traffic Accident and spent a huge sum. I am now physically disabled too. I was on bed rest for 6 months after accident. An FIR was duly lodged by the Police. But the vehicle which hit me did not have a Insurance policy and the Driver did not have a driving licence. However, I proceeded and filed a case against the owner & driver of the vehicle. But lawyer says, chances of getting a just compensation in my case is very remote and almost nil as the award & decree of MACT Tribunal cannot be enforced effectively on individuals. Is it so? shall I implead the Govts (both state & centre) as parties because their acts of omission and commission or failure in implementation of MV Act has only resulted in a person driving a vehicle without a Driving licence & an Insurance policy?

  67. vicky sharma says:

    Dear Sir,
    need your suggestion on this matter on priority.I was going with 2 other friends of mine to gujarat from mumbai.the car belonged to me but my friend was driving the same.I was siting in front and other friend was sitting behind.the friend who was driving the car hit the divider and we met with an fatal accident,in which both my friends passed away.I luckily survived as somebdy managed to pull me out from buring car.I was hospitalised for couple of months and had 3 surgeries on my right leg.one of my friends(who was sitting behind) dad has filed a compensation case against me and the insurance company.the driver had valid license and car was brand new with valid insurance.tell me am i at fault and will this be held against me that i was owner of car hence iam liable to pay.

  68. My brother met with a car accident on 5th Nov 2013 in MP.The car was owned by my brother.The car was being driven by my brothers friend at the time of accident.There were total 5 passengers in the car at the time of accident.The friend who was driving the car had a valid driving licence and all the car papers including the comprehensive insurance papers were in valid at the time of accident.The car had met with a accident as a cow had come on middle of road and to avoid the cow the driver lost control of car.The car toppled few times and in the process a boy of appx 18 years old was smashed under the carand died on the spot.My brother was injured his wife is injured and friends wife and child sustained minor injuries.His friend is absolutely fine.My brother was treated in MP for 2 days and later on transfered to Mumbai for further treatment.He underwent treatment in mumbai for appx 25 days.Finally on 2 December 2013 he expired.At the time of death he was 49 years old.He is left behind by wife and 2 boys.1 boy is 24 years old and 2nd is 21 years old.Want to 1.What further procedure we will have to do.2.How much death insurance we can get.3.How much car insurance we can get.4.Where have all the legal procedures to be filed as we are staying in mumbai and brothers family is also staying in mumbai.please suggest.

  69. shekar says:

    one of my cousin met with an accident by tractor when he is on motor vehice in bhimmavaram in west godavari dist he works in eluru.. when he is going to his office to pay amount in office he met with accident ….my bro given a complaint …the tractor driver told that he is not having any insurance …but my brother got major operation by arogyasri….. …the case as been registered…..and after that one of the his village leader told that they will pay 20,000 rs when it get settled in lokyuktha…but now they are not giving any response.. the tractor driver also gives no response over the phone……now my brother is not having job and having 2 months child….now so they have shifted to vizag to his native place…as they are very poor ….plz do the needful

    FIR Date :17/07/2013 Section of Law :IPC-338 LAST updated :25/11/2013 Status :Pending Trail Reason :For Accused Appearance

  70. sd ashok says:

    dear sir,my brother was driving a bike and was hit by a car driving negligently and rash (according to onlookers).my brother was injured and we had almost spent 5lakhs on medical expenses.an FIR was done . now what is the next step. pls do help me , sir

  71. Dear Sir,
    My dad was driving bike on a service road apart from Main road. Suddenly, a fully loaded trailer came from behind and thrashed and crushed him to death. Now, what are the procedures to be followed in this case. please help!

  72. Rajkovai says:

    Dear Legal experts
    I have one query, i met with a road accident exactly one and half year back while i was driving a car in national highway, a two wheeler rider suddenly entered the national highway through the central broken median (created by local villagers ), i suddenly applied brakes and moved my car to the left, inspite of that my car and his two wheeler had a mutual collision. the two wheeler rider died of head injury after two days of treatment. FIR was filed against me for rash and negligent driving, i contested the case and finally got got acquitted (released) from the criminal case stating that there is no substantial evidence that i was driving rash. The dependents of the deceased has filed compensation case in MACT and the case is still running, my question is can i sell my car which is already (7 years old) when the MCOP case is still under trial, Please advice, regards
    raj

  73. Rajkovai says:

    Dear Legal experts
    I have one query, i met with a road accident exactly one and half year back while i was driving a car in national highway, a two wheeler rider suddenly entered the national highway through the central broken median (created by local villagers ), i suddenly applied brakes and moved my car to the left, inspite of that my car and his two wheeler had a mutual collision. the two wheeler rider died of head injury after two days of treatment. FIR was filed against me for rash and negligent driving, i contested the case and finally got got acquitted (released) from the criminal case stating that there is no substantial evidence that i was driving rash.The car was having full third party insurance The dependents of the deceased has filed compensation case in MACT against me and the insurance company and the case is still running, my question is can i sell my car which is already (7 years old) when the MCOP case is still under trial, Please advice, regards
    raj

  74. […] Sample Questions – Motor Accident Compensations […]

  75. I want to know the legal procedure followed, when we meet with an accident i.e. I was going on a scooter and unfortunately dashes a person crossing road, both fell down and get injuries. But unfortunately the person crossing road gets fracture in both of his legs and is still under treatment in hospital. At the time of accident he gave in written that I(Scooterist) was not at fault. It was by mistake happened and its also written that we will pay him for his treatment. And we have paid him 40,000 which is not written anywhere.and at the time of accident both of us had a written compromise at police station. Now he has filed a case on us for claiming that he’s having lifetime disability.And also wrote that driver was driving rashly and negligently,but it was not written this way at the time of accident that happened 10 months ago.What is the procedure followed to solve the case legally? Note: I(the driver) have a valid driving license,valid R.C., the scooter was not insured at the time of accident, and also the driver was not going in any wrong route. It was a mutual collision. If we go to court what could be punishment and penalty to the driver?

  76. Your Name... says:

    Discuss the income tax liability in the hands of parents for the compensation received and interest thereon by them from general insurance companies if their son dies in an accident?

  77. ANILBATHAM says:

    MY FATHER DURING BUS ACCIDENT BADLY FRACTURED RIGHT LEG WHAT COST OF COMPENSATION CAN BE DONE PL. AS SOON AS POSSIBLE INTIMATE ME MY MAIL ID
    THANKS
    WITH REGARDS
    ANIL BATHAM

  78. Vinu says:

    My parents died in a road accident, /i have file a motor accident claim against the insurance company and the opponent, where in as a not liability factor, i have received 50,000 thousand in the case for each, but the amoutn of rs 10000 has been from each case has debited, I want to know if is this the court fees or something else, as my advocate is not answering properly.

  79. I am having querry on Insurance. If I got life inusrance policy fromLIC, Aviva and ICICI prudential and all policies have death cover from 5 lacs to 10 lacs. In case of my death, can I claim for each policy and can I get claims from each policy or it will be limited to one Insurance company to pay?

  80. s elango says:

    sir i want one judgment given by justice p shanmugam in r/o mcop case consecutive three year income tax is must for income proof pl help me to get it

  81. shakeel says:

    one of my friend’s brother was bus owner and his bus met with an accident. the victim approached bus owner for compensation but the owner asked him to approach insurance co. as the vehicle was insured, after few years the victim summoned to the bus owner for attending court but the owner was expired and then the victim made the party to the wife of deceased owner and atlast after 17 years the victim(plaintiff) got the orders from both magistrate and high court for the compensation. but the wife of the owner is not in a position to pay anything, can her own purchased property will be attached or not ?

  82. samir says:

    while driving a scooter, a car driver suddenly overtook me and hit a person who was crossing the road. the car driver fled away from the spot along with his vehicle but i stopped to look the victim. Till then some persons reached the spot and mistook me as the ofender. I was later arrested by the police.Unfortunately the insurance of my scooter has expired two days before the accident.the Hon’ble High Court has fined me rs 5 lac to be paid as compensation to the victim, which i can not effort. can i go for appleal against the judgement in Supreme court?

  83. mohit goyal says:

    sir,
    my mother expired in road accident. while i driving the motorcycle she was pillion . she was 50 years old a working women and i am dependent on her. my father was also expired on 2004. and i am the only son. she earn 7000 per month + 2300 pension . and i am 22 years old that time . will i get around 3 lakh ?

  84. Kurien says:

    I wwas riding to chennai from Kerala . I met with an accident when two women ran across the road I tried to avoid them but still collided. I broke my wrist n the ladies to broke bones. The fir was filed in tamil. The women’s relative demanded 20000 for treatment. It was given. (Police suggested so even thoughit was not my fault) . When I filed claim to repair my bike they(insurance company ) asked me have the fir translated to malayalam. That is when I realised it stated I was driving fast reckless and negligently. Also nowhere was it mentioned that the women were crossong the road. They claimed the were standing on the road side. Now almost 6 months later my mother receives a notice with her and the insurance company being the first & second party . Also claiming a sum of 15and 20 lakh as compensation. My mother is the owner of the bike. I have a proper licence and all the documents including insurance are in proper order. We have been given a date to report at court for hearing. What do we do. I qas told by a lawyer to do nothing as all my documents are in order the insurance company would take care of everythin
    Please advise me about what to do. I only want an opinion
    Thank you. ( forgive me for the lengthy narrative)

  85. Ameet says:

    I possibly hit a bike (at a junction at almost 0 speed – with clutch control). Probably the impact was so low, I didn’t realize I hit somebody. Suddenly there were couple of guys chasing me down the road. I wasn’t sure what was wrong, later I heard them shouting to stop telling me I hit somebody. I still wasn’t sure, so I asked them to get the ‘victim’ to the nearby hospital to settle which they never did. they took a picture of my car from behind and threatened. I have a learning license (my wife was sitting at back side and she has valid permanent license). What kind of case can be filed against me? What can I do to resolve this? Thanks in advance.

  86. BYREDDY G says:

    My father met an accident with a tractor on 11th of jan with head injury which is grievous (he was going in bike). He took treatment And Hospital bill is 2.25 lakh.How much we can claim from tractor insurance company? Please guide me.

  87. Suraj says:

    Injured died before award,Award passed in favour of the injured after death legal heirs appeared before MACT for releasing the award amount,tribunal says legal heirs are entitled to get only compensation in part 1st no compensation is entitled to legal heirs in the part 2nd/MACT CASES. Any Ruling Of Hon’ble High Courts or Hon’ble Supreme Court of India?

  88. indumathi says:

    hi sir,

    my mother met with an accident on 2005 while crossing the road the drunken man riding in bike hit my mom and now my mother is completely disabled and the court case is still going on. my lawyer says 5lakhs has been sanctioned by deposit date is not given the lawyer says.
    is there any chance that whether our lawyer is playing any fishy around us…

  89. easkki Pandi says:

    Kindly assist me in this issue.
    I was driving my own car on my way to office, the car was in he speed of 20km/hr. a 12year old boy while crossing the road ran looking on the wrong side and banged himself on my rear door and fell and accidentely his right leg came under my left rear tyre and his leg was fractured, took him to the hospital and informed his parents, they are not well to do family, so i promised them to take care of their medical bill at a governement hospital. to which they agreed and did not file a case against me.
    .Want to understand if i am responsible for legal procedure even its the persons mistake?
    .In such case should i pay the medical expense or go for legal procedure and get him the amount through insurance?
    .What is the procedure when its a legal case against me?
    .any additional tips

  90. prd says:

    hello sir,
    my friend(don’t have license) took my car (which doesn’t have insurance) , he made an accident against a scooter , the lady who was driving is dead and the child is in serious condition.
    whose responsibility to pay the compensation?the owner or the driver??
    the lady also doesn’t have an license, is this plus for our case or negative?

  91. rajesh says:

    I was met with accident on 03 April 2010 while driving motorcycles .the other party was also in motorcycles who coming form my opposite side and he lodge FIR against me. Becouse I m defence person navy was take my case from civil court hence case was finish due to absent of witness and miss match statement of who lodge FIR Against me . Now after three year he claming compensation through my bike insurance. My insurance company send me intimate me abuot this. Before this I was not intimate the my insurance company

  92. Akash says:

    I was driving in middle of road when I saw a person approaching from front and there was hole on road .
    So to avoid both I took a turn to move my vehicle to my left
    and then a person dashed me from behind and got hurt.
    He now asking for compensation for bike and health.
    I have a third party insurance. What should I do?

  93. Anonymous says:

    Vikram singh say
    02 march 2014
    My father seriously injured and died after 2 hour of accident. He was cross of road. I am fully depend of father. He was income Rs 25000/- month.

  94. my truck meet the acident some where and the police has been isued from some other town and case hae been in consumer cort in some other town because we have given the payment to the
    insurance company in the same town where the case has been runing in the court and the cheque had been also cleared in the same town where the case has been continued in the court.kindly give me some legal advice where i have to
    continue the case where the police issue or where the payment had been given

  95. If injured applicant (38 years) dies by natural death during pendency of petition, whether his legal heirs will get the future loss for the no. of years he survived (for 6 years)and actual loss. His heirs should not suffer because of judicial delay. Please give citation of Supreme Court.

  96. snadeep says:

    when i was driving car from opposite side another car was comming. i stopped my car at least 5 meters away from the car. but he came very close to my car and his cars back bumber touched my cars back bumber. i stepped out of my car and became angry on the other guy. he said go for a case. now since i am an NRI and don’t have time to go for such cases i left the place. Now the other guy took picture of my car and called up police station and told them i had hit his car and abused him. since then i did not take car outside as i fear if some case is filed my joining in ship will get delayed. the car which i was driving is of tamilnadu regestration and its in the name of my brother in law…address in which the car is bought is old address and my borhter in law is in dubai…what should i do???

  97. Sachin Sethi says:

    Hello Sir, Please give attention
    I am working man, on Jan 18 I finished my work at 7.00 pm and went towards my room, I reached room at 7.45 pm, suddenly my senior boss called me and asked me to come back office for half hour there is an urgent work, I accepted his request and went back office on bike with my room mate. I reached office again at 9 pm and worked up to 10.30 pm. we both met with an accident while returning at room unfortunately he died.
    I get no support from my office no compensation no accidental expenses even of that they deducted my salary also.
    What I do I do not know please HELP ME

  98. lingaraj says:

    Respected sir,
    my friend who was aged 23 had his own lorry had died in an accident while driving his vehicle without collision with other vehicle. but his parents are illiterate and poor and they dont know the information about his vehicle and personal documents. so may i know whether his parents get any compensation from insurance company. he regularly deposited the installments. or may i know whether there are any compensation from the government.

  99. V.P. GUPTA says:

    Sir,
    When I was driving my Car and taking turn at very slow speed, an old lady while trying to stop his accompanied child coming in front of my car fell down herself in the roadside open drainage and got injured seriously. As my car was involved in this incident, the people assembled at the spot blamed me for third party injury. Under humanitarian ground and compulsion of mob assembled at accident site, I provided First-Aid and further Hospital Treatment to the injured Third Party, bearing all the expenses amounting more than one Lakh rupees. Since I have valid Driving License and my Car covers under comprehensive Insurance Policy, I approached Insurance Company for claiming medical expenses incurred towards the treatment of Third Party. On the advice and assurance of Insurance Company, I filed the claim for reimbursement of medical expenses of Third Party treatment, quoting Company’s Liability u/s II-1 (i) “Subject to the Limits of Liability as laid down in the Schedule hereto, the Company will indemnify the Insured in the event of an accident caused by or arising out of the vehicle, against all sums which the Insured shall become legally liable to pay in respect of: i) death of or bodily injury to any person including occupants carried in the vehicle”. However, the Insurance Company later deceived me in the name of FIR which was not lodged from either side.
    Kindly suggest me, if there is any possible ways to get claim for reimbursement of medical expenses of Third Party treatment from Insurance Company.

  100. Roshini A says:

    I lost my husband in a car crash in 2009. There was no compensation given. I was not financially strong to file for compensation. Please let me know if i can file for compensation now, although it is 4 years past.

  101. Manisha says:

    My brother in law expired in road accident in 2011. he was hit by tanker. that time he had his mother, wife and kid dependent on him. Now his wife is planning to remarry and his mother has two more kids. They had filed petition 2 yrs back. can his wife after remarriage claim for the compensation can his mother get compensation?? pls advice

  102. Mr Srikant says:

    Dear Sirs

    Generally speaking what are the level of awards for injury claims whereby someone has a Road Traffic Accident -Example Broken Limbs/Fractures/ Total Disablement/Loss of use of sight in one or both eyes-Death cases.The victim maybe a pedestrian-Driver of the car or even a passenger.Who dose the claim get intimated against the responsible party or his insurance company
    Thanks s

  103. santhosh says:

    My sister was killed in a bus accident six yrs back. The driver went on the wrong side of the road and dashed into her standing on a divider who died on the spot. After 6years, a judjement has been passed of 1,40,000 plus intrest which was very low. I want to change my advocate. Can you suggest me something. Its seems that my brother in law stated that he wasnt dependant hence such a small amount was passed. Plz suggest me a good lawyer and advise if its possible to change the existing one and by when should we file the case. I mean is there a time limit

  104. My father was driving bike along with my mom and was driving at around 40 to 50 kmph and a old lady more than 80 years old (who can’t even walk properly) was crossing highway road and my dad tried to stop bike but was not able to do so and hit the old lady, my dad was on bike and mom feel down and the old lady to feel down, the old lady bones were fractured at left knee and left shoulder, the old lady sons have logged a fir against my dad and informed us to give 50,000/- to with draw the case, my dad driving license is expired and bike has no insurance, what to be done in this case please reply back and a copy to my email address to.

  105. My father was driving bike along with my mom and was driving at around 40 to 50 kmph and a old lady more than 80 years old (who can’t even walk properly) was crossing highway road and my dad tried to stop bike but was not able to do so and hit the old lady, my dad was on bike and mom feel down and the old lady to feel down, the old lady bones were fractured at left knee and left shoulder, the old lady sons have logged a fir against my dad and informed us to give 50,000/- to with draw the case, my dad driving license is expired and bike has no insurance, what to be done in this case please reply back and a copy to my email address to.

  106. Maan Singh says:

    Dear
    Kindly advise my father die in a car accident..they are for a night walk a car hit him but no any driver or car found there.and police also failed to catch them.any compensation in case of death…it ve been 1 year

  107. kishore says:

    A person who has comprise with 2nd party in court before judge in criminal case, is eligible for govt. job.Please reply..

  108. RD says:

    Dear Sir,

    Kindly advise , my younger brother die in a water supplier tractor accident … he was come on bicycle from his right side but the tractor driver come on fast and wrong side and the tractor hit my brother so my brother was die on the spot, after that post-martam done by govt. hospital doct. on the spot.,the fir reported by my uncle.the case will continue from last three year ,now we are facing a problem , we have not any person whose shown accident.and the tractor was catch up by the police and local person.

  109. amber says:

    sir plz suggest me,
    mai apni car say chala raha tha aur next turn par ek aurat meri car k draving side say takra gai aur uski leg ki bone fracture ho gai, mainy usko plaster karvaya jismy 5000 rs expense aya aur 20000 rs deya usko 8 day ho chuky hai. ab aur 15000 k mang kar raha hai aur na dyny par (fir) karany ki dhamki dy raha hai. may kya karsakth hu ab . kya 8 days baad (FIR) ho sakti hai. plz tellme wahat can i do now

  110. sachit says:

    Hi Sir,

    My father died in an accident and we have filed for compensation in the Tribunal. The claim is of 25 lakhs. could you please advice what will be the court fees for this?

  111. Sharat Kumar says:

    Dear Sir,

    Please advise as 01 year back i was on my way back from office to home. Office in Delhi Area Residece in Ghaziabad and Met an accident in Delhi). met an accident while i was srtanding on a red light waiting to turn it Green when suddenly a four wheeler came from behind and hit in which i had RTA fracture right forearm and PANFACIAL FRACTURE. according to my MLC i was taken to the Govt. Hospital after 45 Mins after the accident and i narrated the whole picture of the accident. thery mentioned that the patient brought here in full sense and can narrate the full accident, but smell of Alcohol is there. Yes I did had 2 Pac of 30 ml each.
    I spent around 5 Lacs of Rupees on my treatment and when I am demanding the same from Star Health they are refusing because of As per Exclusion No. 10 of the above policy, the company is not liable to make any payment in respect of expense incurred at hospital for treatment of the disease due to use of alcohol.
    But my Question is that I did not hit some one and demanding for compensation,it was the other party who hit me from behind and ran away with the Vechile.
    Please advise can i file a Consumer Court Case against the Insurance Compnay

    waiting for an early reply

    Regards

  112. rajmohan says:

    Dear Sir,
    I sold my car and ownership transferred insurance valid for another 5 months but not transferred in new owners name and car met the accident and the new owner cum driver expired what is the liability as a previous owner I am having. The FIR copy says the accident due to rash driving and consequent capsizing of car. waiting for your valuable reply.

  113. I’m not that much of a internet reader to be honest but your
    sites really nice, keep it up! I’ll go ahead and bookmark your website to
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  114. Snehal says:

    Dear Sir,

    My brother met with an accident a month ago.Auto rickshaw driver hit him as he was going to his office on main road. He was going in straight direction but auto driver hit him from his right side and there was no signal but because of this auto driver got seriously injured he has claim for compensation.In this accident my brother also got injured but we didn’t asked for any compensation from opp party also we didnt file any complain against him.And now he has file a case and we have received notice of it.Kindly help..

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