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yogita (student)     23 April 2009

implication of criminal case on MACT claim

Hi, in one case the car driver(owner) pleaded guilty in the accident criminal case. But the plean of guilt indicates different first name. Also the the answers are recorded in the local language which is not understood by the accused.

Also the fact is the injured does not have valid driving license and he was riding a two-wheeler w/o registration number at mid-night. Police wrongly slapped the case against car owner just because he was driving a bigger vehicle and an outsider. MACT case has been challenged by on all grounds by isurance lawyer indicating it was the sole fault of the two-wheeler. Is it appropriate.

MACT

 



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 5 Replies

Swami Sadashiva Brahmendra Sar (Nil)     23 April 2009

claim of victim can not be completely refused on the ground of his fault. but his fault is to be considered in assessing the amount of compensation.

yogita (student)     23 April 2009

I guess just to help the victim, police had fabricated this case.  In this case insurance company and owner both together fighting this against a fraudulant claim. Insurance company cannot fight except sct 149(2) or 170. So generally, they take the vakalatnama and defense from the owner to fight in MACT.

Insurance companies have found several cases where later it was proved that there is a collusion between police, advocates, doctors and victims to claim higher compensation. In fact recently supreme court has taken a note of this.

Real Question is how relevant is the criminal case? I guess, generally, the findings in the criminal cases are not applicable for MACT only it can be just used as an evidence. In this case, as the guilt plea is due to some external factors (police pressure, long litigation process etc) it can be not be relied-upon. Any thoughts?

Swami Sadashiva Brahmendra Sar (Nil)     23 April 2009

kindly get the exact facts .

N.K.Assumi (Advocate)     24 April 2009

Ceiminal finding has no bearring in MACT case. The only mnaterial facts is to see the facts of the accident with the police report.

yogita (student)     24 April 2009

the fact of the case as per insurance company investigations - two wheeler while trying to negotiate/overtake other vehicle (sumo) skidded and collided with the maruti car coming from opposite direction. there are some photographs indicating damage for both the vehicles. car driver immediately called police and took the injured to hospital. but police involved the maruti car driver in the case. The two wheeler was not owned by the rider and it did not have registration mark (new vehicle). as per police FIR two-wheeler rider was brining his vehicle from RTO at 11:30 pm! MLC indicate accident between two-wheeler and Sumo. also insurance company found that two-wheeler rider did not posses valid DL at the time of accident. 


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