M a ct

Querist : Anonymous (Querist) 25 September 2011 This query is : Resolved
HELLO ALL LEARNED,
MR X GOT ACCIDENT OF HIS FOUR VEHICLE BOLERO AND HE CLAIMED THE DAMAGE TO THE HIS INSURANCE COMPANY AND HE GOT REPAIRED HIS BOLERO FROM HIS INSURANCE COMPANY NOW THE OTHER SIDE PERSON WHO LODGED THE M V ACT PETITION U/S 166 AGAINST THE BOLERO OWNER
FOR THE COMPENSATION
NOW BOLERO OWNER WANT TO DAMAGE FILE MACP PETITION AGAINST THE OWNER OF THE OPPOSITE VEHICLE FOR THE DAMAGES OF HIS BOLERO WHETHER HE IS ENTITLE OR NOT TO LODGE PETITION AGAINST HIM EVEN HE REPAIRED THE SAID BOLERO
REGARDS

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Adv Archana Deshmukh (Expert) 25 September 2011
If he has already received damages from his insurance company for the repairs of his bolero, he cannot claim twice from the other party.

Sailesh Kumar Shah (Expert) 25 September 2011
Insurance is a tool of compensation not profit. So he would not succeed.

adv. rajeev ( rajoo ) (Expert) 25 September 2011
on whom Chargesheet is filed?

DISHA D. SHAH (Expert) 25 September 2011
166 or 163 is for person who is injured or died , not for running business or vehicle damage

DISHA D. SHAH (Expert) 25 September 2011
sorry i am wrong 166 allowed vehicle damage
opp. vehicle can file 166 because while owner claim to on his own policy is civil suit

prabhakar singh (Expert) 25 September 2011
Frankly speaking ,facts stated are confusing.

Any way following situations may be anticipated::

If the party who has received the insurance claim,and has also filled claim petition alleging negligence by other party,claim can be awarded to it,but simultaneously its' insurer can claim his payment back from him.

If the party who have received the claim is opposite party,then claim for claimant vehicle can also be awarded, and its insurer may be further liable to satisfy that claim also subject to term of the policy.

Raj Kumar Makkad (Expert) 25 September 2011
I do agree with prabhakar singh.

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