Compensation claim
Harsh
(Querist) 07 December 2011
This query is : Resolved
In Accident all family members expired of minors children including their parents. in same Accident they were injured .Their medical treatment done by me as a their cousin uncle while real uncle does not bear any expenses. but when the children recovered real uncle got guardianship of children opposite to me.So Should i file motor accident claim as i have done all expenditure and i have all medical bills and documents and how can i get my money back as real uncle filing motor accident claim for injured children without having any medical bills an doing any expenditure.
Does compensation received by MACT is considered as property of minors ?as there is always possibility expenditure done by another person from his property, So how can he get his money back?
Devajyoti Barman
(Expert) 07 December 2011
This falls under the principle of ' quasi contract' which means if a person provides something fulfilling the necessity of the minor, then the agreement does not become void only because the other party is minor.
The estate of the minor would be liable to make good loss of that person.
So the person making the expenditure can enforce his debt from the estate of the minor.
Raj Kumar Makkad
(Expert) 09 December 2011
I do agree with the advice of Barman.
Dr J C Vashista
(Expert) 10 December 2011
Mr. Barman has rightly replied your question. To add more, you can approach Guardians Court for recovery of expenses incurred by you on behalf of minor claimant(s).
Arun Kumar Bhagat
(Expert) 22 January 2012
Answer given by Mr.Barman is an informative one .
