experts opinion

harish sharma (Querist) 16 April 2011 This query is : Resolved
generally in mact cases magistrate consider that the fault is always heavy vehicle despite by the fault of smaller veichel .suggest me the on thing i have a one mact case this my client have a discover 125cc bike and met with accident a moter bike namely hero honda 100 cc my client got serious injury on his head and another person got simple injury.when we file a mact case the respondent take a defence that pettioner has a heavy veichle than me and the accident was occured by the negilance of pettioner himself. here pettioner coverd under the no fault liablity deciding the compensation under mact act. kindlly suggest .
thankig u

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Raj Kumar Makkad (Expert) 16 April 2011
You have not disclosed the fact against whom FIR was lodged. If FIR was lodged against your client and challan was also put before court then it shall be deemed that vehicle being driven by your client was at fault and claim shall also be decided accordingly.

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