(Querist) 17 March 2010
This query is : Resolved
A car driver involved in own Rash and neglent accident. driver and car owner has died in the spot. the another one injured passenger file a petition against car driver. The investigation officer filing a first information report in he adimit his own neglent driving. The car is ownboard drived by the driver. The car owner is a doctor.
1. The deceased driver, how can he claim? 2. How he claim in Deputy commissioner of labour? or other wise how can claim MCOP?
(Expert) 13 November 2010
When driver of car died in accident, how can any one prove that the driver was negligent.
1. The 'dependents' of deceased driver can make an application before the Workmen's Compensation Commissioner (now Employees Compensation Commissioner) under the Workmen's Compensation Act, 1923 (now Employee's Compensation Act, 1923. The Commissioner could be the Deputy Labour commissioner or the Assistant Labour commissioner; you should check with the Labour department of your State.
I do not understand the meaning of MCOP. I think you want to say MACT (Motor Accident Claims Tribunal) who normally is the District Judge. That petition for compensation lies before him under the Motor Vehicle Act, 1988.