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Karthik (NA)     02 September 2013

Road traffic accident case

Hi. My brother's car met with an accident on 28th April 2013. My mother suffered severe injuries to face and fractured her hip bone. my aunt suffered a severe head injury and was in Coma state for many days. even now she is unable to use her hands and live independently. Police have registered a case against the Truck driver. Want to know the procedure to take this forward and also the right compensation amount that we can demand? The car was so severely damaged that it had to sold to insurance company and we lost 1 lakh+ INR on a car that was 11 months old and was sparingly used. Not to mention the mental trauma and agony as this accident happened a day after the death of my father.



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 4 Replies

Solicitor Chirag Shah (Advocate & Solicitor)     02 September 2013

sad to hear that,

By and under the provisions of CRPC (Code of Criminal Procedure) along with the Public Prosecutor you can represent the criminal case as victim.

The grant of Damages in criminal case is descrition of court.

The Other claim, damages depends upon the Insurance Policy.

Regards,

Solicitor Chirag Shah

08898050051

Prashant Agnihotri (Lawyer)     02 September 2013

you can ask for the compensation,by filing a case against the insurance company and the truck owner,in this case ,you will get heavy compensation.but i cant understand "why you sold your car to insurance company"?,you need to collect all the bills of treatment of all the passengers & make estimate of these bills,& ask for 5 times more compensation.

Karthik (NA)     02 September 2013

We had to sell the car because the damage was so extensive that it was beyond the amount of the insurance coverage. i was told that as per rules, they declare it as total loss and buy the car from us at depreciated value. 

Prashant Agnihotri (Lawyer)     03 September 2013

ok ,you must follow the needed & suggested legal procedure,definitely you will get the compensation, from the insurance company & the truck owner,it will take more than a year.


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