Motor accident claim of injured minors
Shital bafna
(Querist) 17 July 2014
This query is : Resolved
In Cruel incident on fateful day on 18th may 2008 at Nasik in road Accident My Mom, Younger Sister and her husband as well only daughter of them expired on the spot. While elder sister & her husband(jijaji), & their two children ,one 4 year old son and 8&half year old daughter as well my father was got injured seriously and hospitalized out of which my Father and Sister died in hospital in span of month.
And after that my niece and nephew( elder sister children) were in coma for longer period. As there Paternal grand mother and uncle did not come forward i have done all medical expenses and taken their care . Both were hospitilised around 9 to 10 months and were critical i have done around 6 to 7 lakhs expenses in 2008.
After that in District i filed petition for guardianship of both minors against parental Grandmother. And as wanted Honorable district court Judge given me Guardianship of minors in respect of person while Grandmother has been given Property guardianship of only which i was denied .But while giving this judgment as district explained each and one aspect of properties and person in detail and given guidelines. But though i mention in my original petition i am interested in children welfare only not in property but all Medical expenses for injured children i have done so i have been given right to file petition only 2 injured claim of minors so that whatever amount i expense can be recovered by me. As i am from middle case and big amount has to recover(Around 6 to 7 LAkhs).though district court agreed and mentioned in order all medical care and expenditure done by me . But they do not mention about who will file Injured claim. Though Death claim of both Grandmother can file for that i should not have any objection.
So in this case Paternal grandmother filed 4 claims 2 death claim and 2 injured claim of minors without making me party after knowing from other source i appeared there. But now Court asking for all medical bill and saying that all those expense will not be given to me that will go into under minors name. My advocate in that court saying you have to file one more another petition for that again in District court where i got Guardianship order. My intention is take amount whatever i expended and bearing that big amount bills since last 7 years. As that will be very helpful for me in all aspect or it will put me in financialy bad situation.
Here my question why Motor accident claim Tribunal (MACT) can not give me medical expenses which are separately filed in injured claim as in district court order it is proved that all medical expenses done by me. While MACT is also asking for all Medical bills and report from me .SO MACT not giving these amount expensed by me not to me and again i have to go to court which given guardianship judgment to me and produce same bill and get amount. So samething i am doing twice and already spent six years now in another court for samething will spend more time . So please help me out here what can be legal provision and what can be done so as i could get my medical expenses. And where should i submit original bills.
I May be wrong here saying that that Motor Accident claim has two components as below.
1) Financial Loss of Dependants due to future loss of income of Dead relative.
Motor Accident claim Component=>Financial Loss of Dependants due to future loss of income of Dead relative.
Probable beneficiary =>Legal successor of dead .its property for them
Property(Yes or NO)=> Property for them
2)Motor Accident claim Component=>Medical expense incurred.
Probable beneficiary => Who has incurred Expense.
Raj Kumar Makkad
(Expert) 23 July 2014
The opinion of your lawyer is accurate. You shall have to make claim against the minors before the court which provided you guardianship and such claim shall be made to you out of the compensation to be received to the minors from MACT.
Shital bafna
(Querist) 24 July 2014
Then where should i submit Original medical bills. is not possible that injured claim only contested by me instead Grandmother.
Raj Kumar Makkad
(Expert) 24 July 2014
It shall be better if you file the MACT claim petition independently and also insert the grand-mother of the minors as performa respondent in the same petition. It shall settle all issues in the same petition. all bills should be enclosed in this petition at the time of evidence.
Shital bafna
(Querist) 26 July 2014
Is there any section or provision in Motor vehicle act or Indian Laws About Claim of injured minors where third person who incurred all medical expenses can receive only his expenses to him only instead get deposited in name of minors.
Raj Kumar Makkad
(Expert) 26 July 2014
Section 166 of MV Act authorizes the legal guardian in such cases to file claim petition on his behalf.
Sudhir Kumar, Advocate
(Expert) 27 July 2014
ther eis no provisionwhich authroises you to :-
(i) to pay nothing more than medical expenses.
(ii) expenses not to be reimbursed but to be deposited for the child.
Shital bafna
(Querist) 28 July 2014
I think there is and must be legal provision By the law of quasi-contracts as per indian contract act. It can be reimbursed from Minors to the person who is doing expenses for benefit and help of the minors .
Sudhir Kumar, Advocate
(Expert) 29 July 2014
there is no provision which absolves you from compensation simply because victim is minor.
Raj Kumar Makkad
(Expert) 29 July 2014
You have already been provided with the remedy which requires your action and not further queries.
