Accident Claims

G.Padmanabhan (Querist) 27 January 2011 This query is : Resolved
In a case of a grievous injury (32 year old unemployed women) to a cyclist hit by a 2 wheeler,
a)what is the provision of MV Act under which the claim should be lodged?
b) what is the quantum of compensation that could be claimed. (extent of disability has not been assessed yet)
c)what are the documents that are to be filed along with the claim petition?
Would our experts please guide?

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Amit Minocha (Expert) 27 January 2011

quantum will depend upon age, earning capacity, last salary drawn / minimum wages , medical expenditure, pain & suffering, produce the medical and police records besides insurance policy copy

Parveen Kr. Aggarwal (Expert) 27 January 2011
a) Under section 166 of the Motor Vehicles Act, 1988.

b) You can claim any amount of compensation but the Tribunal will grant compensation keeping in view a number of factors including the injuries suffered, disability, medical expenses incurred, pains and suffering etc.

c) Copy of FIR, if registered. Copy of MLR. Medical Bills, if any.

Guest (Expert) 27 January 2011
Combine opinion of both experts which will be a complete solution

Vinod Singh Tomar (Expert) 28 January 2011
Apart from section 166, claim under section 140 of M.V. Act, also should be lodged for an amount of Rs.50,000/= ( under no fault liability) which is called exh.5.

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