mv act

PRAKASHCHANDRA MARU (Querist) 11 September 2009 This query is : Resolved
an accident taken place and long time passed but not claim lodged by the victim after the passing some time victim died not the due to the accident but in normal course now the heirs want to lodge claim wheter is it possible if yes u/s which m v act psl advice meriven

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A V Vishal (Expert) 12 September 2009
Your query is silent on when the alleged incident took place and states the victim died of natural causes, then how can the heirs lodge a claim, the case will be dismissed in the admission stage itself.riven

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Sarvesh Kumar Sharma Advocate (Expert) 12 September 2009
is there any legaly proved about accident?
means-f.i.r.,or any other type information givin to the police about accident.
plz. prakash first clearfy if.riven

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N.K.Assumi (Expert) 12 September 2009
For filling claim petition for compensatition there is no period of limitation as per the Supreme court pronouncement in the case of New India Assurance Co vs C.Padma and Ors 2003-LNI-0557-SC decided by S.N.Variava and H.K.Sema,JJ. The law is governed by Motor Vehicle Act of 1988 ans also see your State laws on the matter.Petition should be filed before your District Motor Accident Claims Tribunal.riven

Adinath@Avinash Patil (Expert) 13 September 2009
For filing claim petition there is no limitation.You can file claim for compensation. But you have to clear the when accident took place & when victim died for which reason.you claim is depends how you plead facts and how you rely.riven

Raj Kumar Makkad (Expert) 13 September 2009
I am fully agreed with assumi. No limitation is prescribed for filing the claim petition. Legla heirs of dead person are equally entitled to file because the law of recovery is a civil right which do not extinguish on the death of victim.riven