Accident case

Querist : Anonymous (Querist) 02 July 2010 This query is : Resolved
Learned members,
A person dies under the rear wheel of the bus. In my opinion such person is not entitle to claim the compensation because it does not amounts to rash and negligent driving by the driver. Am I right? if not and yes any citation please post it.

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Daksh (Expert) 02 July 2010
Dear Anonymous,

Every case has got its peculiar facts your query lacks substance and seems only a fitment of imagination nothing else.

Best Regards

Daksh

Kiran Kumar (Expert) 02 July 2010
what made you to conclude that a person being killed under the real wheel of a bus will not be a case of rash or negligent driving?

B K Raghavendra Rao (Expert) 02 July 2010
Total facts of the case need to be studied in order judge whether the driver was driving the vehicle in a rash and negligent manner causing death of a person. Merely because he came under the rear wheel of the vehicle does not establish that the driver was not negligent and rash in his driving.

mahendrakumar (Expert) 03 July 2010
as opined by experts,we cannot simply presume that there was no rash and negligency just because death occured under rear wheel.

claim would be paid even otherwise,provided the case is not proved as a suicide attempt.

DEFENSE ADVOCATE.-firmaction@g (Expert) 03 July 2010
Even otherwise now no fault compansation is granted as a rule.

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