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regarding m.a.c.t

This query is : Resolved 
 

Online (Querist)
03 May 2009

HELLO ALL EXPERTS,
THERE WAS ACCIDENT TOOK PLACE IN THIS WAY A PASSANGER RIXA WAS DRIVINIG WITH THE NEGLIGENCE BY MR A AND DUE TO RASH DRIVING IT TURNED DOWN ON THE ROAD AND AFTER THE ANOTHER RIXA CLASHED WITH THE RIXA OF MR.A BECAUSE IT TURNED DOWN I WAS PASSANGER IN THE RIXA OF THE MR A NOW WOULD LIKE TO CLAIME BUT THERE IS NO INSURANCE WHAT I SHOULD DO
THANKS IN ADVANCE


Kiran Kumar (Expert)
03 May 2009

certianly u ll put ur claim against the owner of the Rickshaw.

make the owners and drivers of both the Rickshaws parties and seek comensation, in the absence of any insurance both the owner and the driver will be liable jointly and severally provided u prove ur case before the tribunal.

Y V Vishweshwar Rao Online (Expert)
03 May 2009

The sugestion of Mr Kiran Kuamr is correct . The Injured person have to file the Case /Claim it is the Owners and Dreivers it for them to claim insurence .

If Insurecne is there the process Recovery proceedigns are simple .

adv. rajeev ( rajoo )Online (Expert)
03 May 2009

Owner of the rixa is entittle to pay u the compensation. But there will be a recovery problem for u. If rixa owner is having any immpovable properties in his name then u will not find any difficulty to recover the compensation by attaching the property in execution proceedings.

n.k.sarin (Expert)
03 May 2009

I agreed with the above view.

Swami Sadashiva Brahmendra Sar (Expert)
04 May 2009

with due respect, i am not able to agree with my friends. motor accident claim can not be filed. since rikshaw is not a motor vehicle MV Act is not applicable. you may claim damages under general law of torts in ordinary civil court.



Guest (Expert)
04 May 2009

Quite interesting. As Dr. Tripathi has observed, the vehicle is mentioned as 'Rixa' (not Autorickshaw!). As such it is not a motorised vehicle!

As far as the CPC applicability, the Motor Accident claims Tribunal follows the procedure for summary trial as contained in the Code of Criminal procedure for the purpose of adjudicating and awarding a claim under MACT Act.

J K AgrawalOnline (Expert)
04 May 2009

Thanks mr Tripathi and very sorry for other ld friends of me.

Swami Sadashiva Brahmendra Sar (Expert)
04 May 2009

thanks mr. sivsubramanian ! Remady under MV Act can be availed only when a motor vehicle is involved in the alleged accident.

RAKHI BUDHIRAJA ADVOCATEOnline (Expert)
23 May 2009

U can file claim petition against the driver n owner of the vehicle in case it is not insured.



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