Sample Questions – Motor Accident Compensations

motor accident claims tribunal

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


  1. 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.


  2. 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?

  3. 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…

  4. 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 /

  5. 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.

  6. 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

  7. 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?

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

  9. 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.

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

  11. 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

  12. 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.

  13. 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 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

  14. 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.

  15. 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.

  16. 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.

  17. 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

  18. 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.

  19. 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.

  20. 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

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

  22. 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.

  23. 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.

  24. 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.”

  25. 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.

  26. 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.

  27. 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.

  28. 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…

  29. 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……

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

  31. 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.

  32. 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.

  33. 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.

  34. 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?

  35. 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.

  36. 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?

  37. 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

  38. 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.

  39. 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.

  40. 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

  41. 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.

  42. 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.

  43. 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.

  44. 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.

  45. 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

    Mr Kent

  46. 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.

  47. 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.

  48. 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.

  49. 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?

  50. 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

  51. 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

  52. 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

  53. 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…

  54. 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.

  55. 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.



  56. 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,

  57. 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?

  58. 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?

  59. 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?

  60. 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 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.

  61. 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.

  62. 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

  63. 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 FIR was done . now what is the next step. pls do help me , sir

  64. 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!

  65. 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

  66. 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

  67. 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?

  68. 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?


  70. 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.

  71. 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?

  72. 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

  73. 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 ?

  74. 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?

  75. 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 ?

  76. 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)

  77. 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.

  78. 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.

  79. 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?

  80. 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…

  81. 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

  82. 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?

  83. 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

  84. 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?

  85. 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.

  86. 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

  87. 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.

  88. 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???

  89. 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

  90. 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.

  91. 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.

  92. 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.

  93. 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

  94. 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

  95. 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

  96. 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.

  97. 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.

  98. 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

  99. 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.

  100. 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

  101. 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?

  102. 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


  103. 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.

  104. 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..

  105. Recently my friend passed away in an road accident hit my a motorcycle driver. the driver has not paid insurance for the past 2 years. how can the deceased friend’s family claim compensation.
    Its very very urgent and important. Expert feedback needed immediately.
    Please help.
    Vishwas Godbole

  106. my dad and my uncle went in d car…in the opposite side a man and his wife(man drunken) came in d car in wrong side of the road at high speed..they hit our car…then they gave a letter of compromise with their sign …the persons who caused accident had fracture in their legs and were admitted in a private hospital..the hospital neglected to give us d proof of dem being drunken…due to compromisation we took our car by crane and left..after 2days they lodged a fault complaint against us that we only hit their car. an FIR has been filed against us that we came at high speed and hit their car…Wat has to be done by us now sir??

  107. Today morning, a car hit me from left side when taking a legal U turn. The car who crashed into my car fled the seen. I lodged a incident report with traffic police. Can futher actions be taken?

  108. dear sir please guide me my brother died in an accident and his only baby also died were his wife is government servent and his mother is alive her age 55 than how will fight for copansation and who is dependet no 1 and 2 wife economicaly fit

  109. Dear Sir . can it possible ? amputed Right 1st toe and interp amputated join – only a 5mm skn tag intad . can it possible by skoda car tyre when crossing road , when no injure other even side finger …
    this a road lanth(—————-)A side lft B side driver
    a side barsati nali cover by cemented silly , and silly not proper set even putted up down and, every silly was made with one inches hole , there some children are plying on side A , 11 years child injured like above .in that case some children are asking toe cut by cemented silly because he fall there and get three round like saktiman , and same people asking this is a road accident because rash driving. so pls tell us what is the possibility , ill be hilly thanks full to you if advise me .

  110. Dear Sir,

    I had purchased a car and the vechicle RC got transferred to my name whereas the insurance was not transfered. I paid the amount for name transfer of insurance to the vechicle seller but he failed and I had not follwed up with him.

    In due course a pdestrian crossed the road and collided with my car. I had admited him in hospital and undergone legal formalities with police station and got fined by court and case has been completed.

    The injured had filed a case in court asking compensation against body injuries occured during the accident to the owner(myself), Insurance company and the previous owner on whose name the insurance is running currently. How to proceed in this case will the insurance company pay the compensation.

  111. Hi sir,
    my cousin brother 4 months ago accidented dead. actualy he is going on bike self accidented. so how much compensations we get.

  112. Hi sir,
    my cousin brother 4 months ago accidented dead. actualy he is going on bike self accidented.he has have two daughters. so how much compensations we get.

  113. Hi sir,
    my cousin brother 4 months ago accidented dead. actualy he is going on bike self accidented.he has have two daughters. so how much compensations we get.if any comensations we will get.

  114. In June 2006, car meet with a accident due to stray animal (neel Gai) on the road. Me, my family and driver badly injured. one daily dairy report (DDR) was registered in local police station, with the statement that I did not want to blame any body. No FIR registered. Driver (My younger brother’s friend) was badly injured in the accident (Car steering was smashed in his stomach). In court trial, I submit the affidavit that in case of timely action, accident can be avoided and it was driver negligence. However insurance company was insisting upon statement recoded in the DDR. And after 8 years, MACT has reject the petition. I want to know, in case of accident due to stray animal on road, who is liable. Is FIR to be registered against stray animal. I am 80% disabled. why compensation is not awarded.

  115. I friend was driving my car and met with a accident, but however he did not have valid Drivers License, and now the opposite vehicle people have sent a petition claiming for compensation I have a valid Insurance and all supporting documents except for the Drivers License at the time of accident, now will the insurance fight the case on my behalf??

  116. sir, I have a doubt that whether the court has the power to order to pay the claiming amount to a person who is not a party to the suit? And can you support the same with relevant cases?

  117. Dear Sir,
    One of my friend’s son aged about 22 yrs had passed away in road accident around 15days back. He was a pillion rider in a bike. A car hit and run and no one noticed the car reg. number. The person met with accident had serious head injury and died in hospital after 48hours. He doesn’t have any insurance policies. No complaint has been lodged in police station so far. Kindly let us know is there any chances of getting reimbursement from government for the loss and do the needful

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  119. My car met with an accident with truck. he hit at the back. i caught him and disscused with his superviosor . the supervisor agreed to pay loss. so i did not reported in police. next to next when i handover my car in workshop, machanic give me apporx fiquare of 80000/- and post claiming insurance apporx 50000/- will be paid by mine car insurance and 30000/- from my pocket. Then i have informed the same to that concerned person of the truck. He refused to pay and asked me to lodge FIR and do what ever you wanted to don but thay will not give single penny. somhowe they are redy to pay 10000/- but need a signature on the mutual agreement letter. I got 10000/- rs from them and written a comment on his letter by saying that I kept this 10000/- as security amount. post disccusion with my lawyer i will refund or adjust in the expense. please help me that how can i forced him leggaly to pay balance amount or how can i claim the balance amount or entire amount from concerned truck company.

  120. Dear Sir,
    on November 27.2013 , I came to know that my car insurance is failed by four month .So I called my Insurance company for it ,they told me to bring my car for renewal and
    they have to take photo of my car .Sir on my way I was stuck in a block ,I was in standing position when a car came and hit me from behind .I was not injured but my car was badly damaged from back side and front side cuz in front of me was 407 fully loaded with stone .I gave an FIR in near by PS . there they told us to compromise by saying that they will repair my car which I took in bank lone of five years .I made an agreement in presence of a lower in a court stamp paper were I singed and culprit too . In it I gave him 6 month time on his request
    Doing this I did a compromise in PS.
    Now this person nor receives my call nor he comes to meet me .Sir now I dont know what to do because repairing charges is also high Rs 300000/- which is huge amount for me . from my salary I m paying 5000/- EMEI of my so to say car till to day .
    So I request you to suggest me what to do .Is there any
    way as per low to get justice.
    your Vikas

  121. Dear Sir
    My family n i were traveling in a car accidentally hit the other car on his lane on a turn.. the road is aprox 6 meters in width. i got a section 279 n 337. The driver was unharmed but the person who was at the side not wearin a seat belt crashed against glass her head was bleeding and was discharged in 2 hours. I was ready to pay the hospital bills but he never allowed me and his vehicle damages which amounts to Rs.35000/- after insuarance cover. but this man wanted Rs.3,00,000 at the start but now demanding Rs. 10,00,000/-. i asked why r u charging me a huge amt. of 3 and 10 lac wen this damage is below 1 lakh? he replied by saying his daughter will not go to work for few months and it will also affect his business profits too. im the only sole bread winner of the family considering my salary which is less than 20000/- i find it difficult to pay even Rs.300000/-. Since the diagram shows the vehicle on wrong side what may be the maximum punishment for me?

  122. Dear sir, I was driving a car in BYEs pass road. 67 years aged person suddenly came across the road in his TVS 50 through a narrow path riding over the divider which is not meant for crossing the road. As person came all of a sudden from a bush my car met with an accident with the TVS50 and as person was died. But local police sta… filed case section 279 and 304 A. what is the punishment for this section? what the maximum punishment? I am working with one Private bank whether this case will affect my job? pls guide how will deal the case.

  123. Sir… My cousin was driving and he met with an accident He was with his friend and even the car also was of his friend… He got badly injured ..and was in ICU also had undergone surgery as he had severe damage of right arm… But the person crossing the road also got injured and that person was dead..!
    What will happen ? There are 2 cases now one for accident and other for compensation .? Will he be punished? Or just compensation will work…and how much will be for compensation As he belongs to middle class family and There income is also less
    please reply
    Thank u

  124. I was at the side of the road on a hired activa when I looked back to take a U-turn and at the same moment a woman at a very high speed on another two wheeler crashed into me. There were no witnesses. It was a mutual fault. The woman lost consciiousness while I suffered leg injury. Can I be legally accused or prosecuted?

  125. my younger brother ageing 21 yrs. met with a road accident one week ago while riding a bike. the bike was hit by a tempo(Canter) from behind and run over him. he has bodily injury in hand and intestines. hospital has already charged Rs. 3 lakh. under which section and act does this case fall? and what amount can be claimed and will be reimbursed? what is the time limit of filing a case before MACT against the defaulter i.e. tempo driver.

  126. an accident victim was treated under “arogyasree” scheme in a private hospital. Yet, he filed a petition against insurance company seeking compensation for the treatment. I have to file written argument contending that he cannot seek compensation as he was treated under “arogyasree” freely. I want the draft of the argument along with citations.

  127. My uncle injured in accident with a car. he was driving bike that time. he has no driving licence, i have done FIR in nearest PS. Please suggest me what we can and how,,,,,,???

  128. i was driving with my wife (owner of the vehicle) along with my 4 year old daughter, cousin and his old parents on highway , i was overtaking a bus which had halted in the bus stop in a slow speed ,suddenly a 55 year old drunk man in his bike rammed into my car and he was taken to hospital and was reported as having shoulder and hip fracture. i was charged with negligence and rash driving with MV act 320. the police didn’t mention that the person was on motorbike or drunk but as pedestrian and later i gave a complaint to the superintendent of police against the policeman for making false or wrong FIR. i was arrested and released on bail and also the car was released after RTO check.
    i would like to know what is the processes of this case and what will happen to the me , will i be sent to jail or be made to pay heavy penalty as its is not my fault. the car has complete insurance including 3rd party insurance.
    please advice me as soon as possible

  129. I am falsely implicated in a case u/s 279/338 IPC and 146/196 of MV Act merely giving my car number. I vehemently denied and the case is under trial. But in the meantime during the pendency of trial the Ld. MACT has been insisting me to give compensation. Can MACT award compensation during the pendency of a trial on the basis of false FIR. Not the MACT to wait till the finalization of my trial under above sections in which the locus standi of FIR has been called into question. What if am compelled to pay the awarded compensation and later on acquitted in the trial under the above section. Can MACT award precede the trial under above sections.

  130. Dear sir,my dad died in motor accident in 2006, we filled a case against insurance company i.e.New india Insurance.After seven years the result came out in our favor, high court ordered compensation worth 18 lakhs to us.the applicants are me and my mother but my grandpa and grandma wants to be a part of compensation.they are demanding 30% of compensation as parents part.
    So are they eligible for compensation when their name is not in applicants list??? what is we refuse then?? can they file case against us?? what will be result??

  131. Dear Sir,
    My cousin’s husband expired an road accident on 18.07.14 in the highway NH-2 at Durgapur(WB). When he was waiting for green light on the crossing with his cycle on right side on the road, then a Tata Veh. 407 wrongly driven his veh and cross the red light and hit my relative who waiting for green light in the side of road and go away speedy. My relative found death on the sot . The Veh. was recovered by the police after some time. Please intimate my relative is entitle for third party insurance amount. He is only one earning hand for this family. He left being wife, mother and two children. After his death family of deceased totally helpless and their future is darkness. Please intimate the process to obtain insurance amount .

  132. i was driving my friends car and i met with an accident. my car had a major damage (nobody got injured). and gave my car to showroom for repair..he charged me 31000.. the other car which i dashed doesnot have insurance.. so he is asking me to pay entire amount for damage.. around 7000/- is it my responsibility to pay 7000 because he dont have insurance? or bcoz he doesnt have insurance, should i pay half amount? need reply as soon as possible as i am struck in troubles

  133. I met an accident on 3rd june 2014 & was grieviously injured. I have to spent a large sum of money on medicines. can I file a case in MACT? The accident has caused a nervous system disability. Doctors who treated me are not issuing Medical certificate. May I kindly know who can issue the medical certificate? what documets do I need at the time of filing the case? kindly adivice.

  134. Sir I sold my car 2yrs back and the dealer gave me a sale letter.few days back I received a summon from mact.
    My car was sold by the dealer to any person without transferring the registration and now he died in a car accident which was driven by a driver but the car was insured.That person’s family has filed a civil case on us as the registered owner, the driver and insurance company in mact
    And a criminal case against the driver (304a) what should I do.

  135. please tell me that wife of desease deid in a road accident having govt job before the accident, with her two childrens is entitled for compencetion.what will be the dependency(i mean regarding dependency of wife and childrens).suggest case law regarding the above fact.

  136. I am actually going through a case on road accident the two hearings got over and two witnesses said that I was rash driving which i was not doing at all. the remaining two more witnesses did not turn up. what happens if they don’t turn up for the next session too. are there any chances of me escaping from the case by paying the compensation to the persons family who was dead within 48 hours. please do tell me.

  137. are there any chances of going to jail in case the person is dead in a road accident in which there is no fault of mine but still blamed that it was done purposly

  138. can we pay compensation to the family in case the person was killed by accident unintentionally. not killed but the person was dead in 48 hours

  139. You really make it seem so easy with your presentation but I find this matter to be actually something which I think I would never
    understand. It seems too complicated and extremely broad
    for me. I’m looking forward for your next post, I will try to
    get the hang of it!

  140. Dear Sir,
    I am Subash Singh from silvasa, last month my wife passed away in a road accident. my son ( aged 17 year no driving license) was driving bike with his mother. he was dashed by a truck and my wife got died. i want to know whether we may claim for compensation?

  141. Sir/Madam,
    yesterday I was enroute from my house to office I was driving my car @40km/hr on right side lane( not highway) I suddenly slow down my car to avoid jurk due to path hole in the road and I turned my car on the left side when there was no vehicle on my behind. Suddenly I felt some one hit my car from rear side and I immediately stopped my vehicle to see the incident. My back side bumper is also damaged and the hitting vehicle(car) also damaged from front side and his rear side due to hitting by another car. without any police complaint and any arguments we both realised and I told him that we will sit in evening and will solve the matter as I came to know that person is also living in the same compound. After office hrs I met him at his residence and after long discussion I offered two options:(i) claim Insurance and I will pay only labour charges.He refused to claim insurance then I given second option i.e. 50-50 has to bear from both sides he also not agreed. In end he told only he will bear 25% rest I have to pay. I am still insist on 50% payment. So please guide me who is most at fault and what I have to do as his Ford car is 8-10 yrs old and my Swift is 2013 model.I did not demand any thing from him as my car also damaged. Awaiting your valuable suggestions.

  142. my jijaji was died in motorcycle accident in februvary-2013.he was Railway mail sister has Two sons.
    How much compensation should we get.

  143. Hi Sir,
    My car met with an accident 2 yrs back, My friend was driving the car, A person(aged ~55 yrs) without a helmet took a sudden right turn in front of the car without any indication and my car hit his 2 wheeler the person was seriously injured and taken to hospital, He was under medication for nearly 1 yr and later discharged but died after few months of discharge, I have not received any notification from police/court and no one has contacted me till date, Please let me know what should I do next, And how serious is this case. can I sell my 4 wheeler even the case is still open please advice. My car was insured but the insurance was in the name of previous car owner will this be a problem.

  144. I need your advice. I am Scientist in DRDO, Min of Defence ,I met with a road accident on 14-06-2014 which left me critically injured. I had to undergo a major operation of my right leg and since then I am bed-ridden and treatment is in continuation for 06 months. Because of this, I had to avail 120 days (4 months) of Earned Leave for the period from 16-6-2014. At present my salary is 75,000 /- per month.
    These (120) one hundred twenty days of Earned Leave would have been credited to my leave account and I would have got a substantial amount as leave encashment at the rates applicable at the time of my retirement from Government service. However, I am forced to take this leave to allow recovery from injury inflicted by this accident. This is a huge financial loss for me.

    At the time of retirement January 2041, my approx. per month salary will be 3,60,000/- (Three lakh sixty thousand only).

    36, 0000× 4 month= 18, 00000/- (Eighteen lakh Only).

    I want your advice reagrding this, can I request from the court to view my case sympathetically and direct the Insurance company for an appropriate compensation of Financial loss in terms of salary & pay

    Thanks & Regards,


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  148. Hi,

    my father died in road accident due to rash driving of truck driver. Now for MACT claim, We want to show my father’s income arising out of partnership deed between to individuals (one of those, my father). My aunt had got liquor sale license for year 2014-15 from govt of rajasthan, which is likely to get renewed for next year 2015-16, based on historic pattern of liquer license policy. To start the retail liquor shop & get running with full stock, my aunt entered into partnership deed with my father, stating that total profit would be shared 50%-50% between them. As per govt policy, profit is 20% out of retail sale business of liquor. Now since my father died in truck accident, can we make this business arrangement income due to partnership deed as our current income base for MACT claim. Also would court accept this kind of income arising out of partnership deed, outside to original license given by govt.

    Please let me know. I can provide you more info if required.

  149. A car hit my vehicle when it was parked near my house in Bangalore. It was hit and run case.
    1.I entered in police records and along with RC book, DL etc gave it to my Garage and they gave it to the insurance co.
    2. After inspection I was told on phone that they are wrting it off.
    3. But now I get a letter that my insurance is rejected [ unable to entertain your claims]
    on two grounds
    1. An LPG kit was fitted and not entered in the RC book as well as Insurance policy.
    3. They have quoted Sec 52 under Motor Vehicles act 1988 and GR 42 under Indian Motor Tariff

    My remarks:
    This accident has nothing to do with LPG and I am not claiming any compensation neither there is any damage to it.
    I want advise how to go about it as I was suppose to get Rs 2,50,000 as replacement as per policy.

  150. Dear Sir,
    I need your suggestion .We have Swift car and it was driven by a driver.One driver was drunk and drive and met an accident.The lady was injured and he was arrested by traffic police and our car is in police station.after 2 days the injured party is ready and agreed for compensation and case was settled but the next day morning the traffic S.I came and he want to book the case and he is not giving the car.My question is if the case goes to the court what is the maximum amount penalty for the car(owner) and for the driver.
    Please respond as early as possible
    Thank you.

  151. my mother was died at car accident 8yrs back.I claimed the insurance. after taking 8yrs the lawer said next week order will come for payment ,then after two months cheque will be given by insurance cos. but i cant understand what wrong is going on. Really it is taking this much time.

  152. sir,which one is responsible to fill form b in connection with motor vehicle accident,treating dr. or govt. dr.

  153. I was driving on the highway when 3 people on 1 motorcycle came from in between the gap in the highway road median and hit my car from the right. The 3 were not wearing helmets and were adults about 35 years old. 2 of them were severely injured and 1 died. I was driving at about 80 Km per hour. I called the Ambulance and the Police to the spot. The police gave me station bail. The other party filed a false FIR. What should I do. My car is extensively damaged.

  154. hi sir & mam,

    My husband was drunk and he accidentally side sweep the girl in the road..and his feet was injured.We pay his hospital bill worth P 87000. And then we have attorney affidavit of undertaking.. His family plan for second operation and the affidavit of undertaking says we will extend financial asst. but no much we will give.. His family want to us to pay all hospital bill worth P 11,000 .if we will not pay he will file case on us..hoping for your reply .please advice..thank you

  155. Hello Sir,

    I would like to understand the consequences of following situation., An accident in dark involving car and a bike, with Bike colliding the car on its r.side on a cross road with no signal., The biker was injured and taken to hospital by the public and the Car left the scene as opined by public mentioning it was a minor accident, Next day the Car driver reports the accident to the police station by which time an FIR was already registered by the Biker’s Party.,
    Under the following scenario with both parties having valid license and insurances., Who will pay the grievous person?, Is it considered as Hit and Run case even after reporting the incident?, How much compensation is expected?., Would there be any punishment or fine to Car driver?., Can the Car driver appeal against the FIR complaint that he was not under fault?

    Please let me know, And suggest what needs to be done legally?
    Thank you in advance.

  156. Dear All,

    Please advice me , My brother met an accident victim(Age:60) was shot dead , my brother doesn’t have an insurance , the fault belonging to victim,he tried to cross the bye-pass from left to right with talking on phone when my brother honks he confused and move forward and backward. What i do in that case.

  157. i hv renewed my car insurance third time with no single claim till today funds has been transferred to insurance company three months back but till today inaurance is not been done by company my car is uncovered i hv contact branch but they r not serious about it now i want compensation for same on amount that has been insured vehicle cost, third party liability and personal cover about 170000/- how should i proceed and what r chances that i will get compensation any experiance ? pls suggest

  158. my brother met with a serious accident while he was travelling on an autorishaw….the driver was drinking and driving at high speed…and then suddenly the autorikshwa flipped on the ground…my brother’s head was striked by a divider…his brain rotated by 20 degree and front brain was fully damaged….and within 8 days he died….he has left one child and wife behind…the driver is not having any license too…will any compensation be given to his family? can we case on the divider? please suggest!

  159. Hi
    I met accident today morning, when I was crossing the GREEN SIGNAL and suddenly one bike was also crossing RED signal, and he came front of my car and he fell down. My car number plate broken and that person took my number plate. He is police man with Two Star. I don’t know what is going to do against me. But it was not my fault. I was crossing road when signal was green, and he was crossing in red signal. Please let what should I do?


  160. Hi
    My name is sanjith my age is 23 years.While i was riding my bike in the main road a rikshaw took right without putting his indicator due to which i met with an accident with a severe damage.I was hospitalized and undergone few surgeries.I just got my job and just started my employment.Now After accident i lost 44% of my movements below knee of my left leg.Please tell me wat will be the compensation amount i will get?

    Thank you

  161. dear sir
    my brother in law age 35 yrs was a truck driver last year he was died in a road accident ( he was checking his truck to stop side of road . at same time a drunker truck driver hit the stood truck in which he is checking in its under arm resulting my brother in law had died on the spot. in his family total 5 Please tell me wat will be the compensation amount in mact act or
    can i do both case at same time wact & mact to his owner and hitting truck `s owner and how pls. help me

  162. Dear Sir,
    My friend was driving a bike(who dont even have a driving license) hit with another bike, other person was seriously injured and now he filed an FIR on my friend. So please help me what my friend can do? Can he get a bail from court?
    I am eagerly waiting for your answer. Please help.
    Thank you very much.

  163. My sister recently had a accident.she was driving a two wheeler and was hit by a another two wheeler who was drunk and drive.the drunk and drive left bike and escaped.we admitted her to hospital where she has 2 fracture in face and some scars.the FIR was placed in his name as rash driving and inspector denied to place complaint as drunk and drive due to no sister and opposite party does not have a licence.could you tell me what am i supposed to do since case is not filed as drunk and drive.

  164. dear sir,
    i was driving my motor cycle and had a major accident with a another motor cycle in which i got unconscious and admitted in hospital and he was also taken to hospital but he was conscious and police taken complaint from him and filed fir that i was driving negligently.
    now i was trying to claim insurance for the medical expense i came to know that the opposite party dont have valid insurance. but he also have filed insurance claim against me nd my insurance company, want shall i do now??
    pls assist me .

  165. Dear sir,
    I had a bike accident on 23rd December 2015 3.50pm and my left hand having fracture but bike having slight scratches. on hospital i have paid 63000rs as medical bill. For my bike having Reliance General insurance : Motor Cycle/Scooter Comprehensive Policy, Policy Number : 9202542312012182. I have requested for claim but now they are telling that i will get medical claim only if i had permanent loss on injury but when i took policy they have informed that – Death of or bodily injury to any person so far as it is necessary to meet the requirements of the Motor Vehicle Act, 1988. please help me. what shall i have to do now.

  166. DEAR SIR,






  167. Dear Sir,
    I was working as Dewatering Manager in a MNC company which is associated in mining exploration and production and after my joining the company on Dt.04.01.2014 mining equipment loader hit me from back side. My both legs crushed in accident and after First aid shifted to private hospital. Hospital doctors did not care and after high request of my family, shifted me Rajasthan hospital Ahamdabad on dt.05.01.2014 and doctors took immediate decision to operate my both legs and tried their best to recovered but failed to save right leg due to delayed to shift approximate 36 hours after accident. right leg amputated from knee and left leg is fully grafted and muscles removed from ankle. During this period, Company representative attended me one week and leaved me with my family. I was admitted in hospital upto 27.06.2014. Doctors advised that left leg take time to recovery and ankle will be operated again to fuse it at particular angle otherwise it remains in hanging condition and may damaged during walk or grafted skin at heel would be damaged. Pus is coming from foot and swelling is not reducing from foot in this period. Company representative came to me to checkup at Govt. hospital and they prepared 76% disability certificate. Company gave me a letter that in future I can not work due to 76 % disability. Hence, company decided to remove from service and refused for further treatment.

    I several times, tried to request them but they did not give proper response and stopped my salary and treatment from Nov’2014.

    Management cunningly gave me offer that after my recovery, they can plan for new recruitment or dependent according his qualification.

    I request that what is the rule of accident in any mines on duty time and action against the careless management to spoil the life of an employee.

  168. one of my friends motor cars temperory Registration was expired. During the period of expiry of temperory registration the vehicle met with accident causing total loss of his car which wascovered with comprehensive insurence.When he claimed for total loss of his car, Insurence company regected his claim for the reason that the temperory regn was expired.Is it a valid ground to reject his total loss claim? please guide him in this regard

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