Claim petition under mv act

Querist : Anonymous (Querist) 20 September 2011 This query is : Resolved
if any driver/owner of motorcycle died due to fell on road from his motorcycle as the accident occurred due to pits & ditches on the road then what is the most beneficiary provision of law under which the legal heir of victim can claim for compensation?

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Raj Kumar Makkad (Expert) 20 September 2011
It is true that many factors lead to accidents but unfortunately these are not duly recognised in claim petitions. However, you can sue State for damages.

Guest (Expert) 21 September 2011
I endorse the views of Shri Raj Kumar Makkad.

Shastri J.K. (Expert) 21 September 2011
I agree with views of Shri Raj Kumar Makkad.

R.Ramachandran (Expert) 21 September 2011
You can sue the State Government for damages as suggested by Experts, but the success would be eluding you. For instance, the State would argue that it cannot be held responsible for the simple reason (i) it is taking every effort to get the roads to be in order, (ii) it is a continuous process (iii) the same road is being used by millions of people but all do not die (iv) it is only because of the rash / negligent driving by the person that might have resulted in his unfortunate death etc. etc. BE PREPARED FOR SUCH DEFENCE ARGUMENTS.
By trying to sue the government, in the bargain you will be ending up spending more rather than getting any damages awarded in favour.

Querist : Anonymous (Querist) 22 September 2011
Thanx 2 all. but if can not sue the insurance company

girish shringi (Expert) 23 September 2011
If the fatal accident occurred and the deceased had any Accident policy,heirs can claim the same.

Maintenance of roads is the duty of related authority/Government and if the death occurred due to that,one can claim the same to the relevant authority.

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