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DINAKARAN (Querist) 18 May 2011 This query is : Resolved
Respected Experts,
One of my Neigbours died in bike accedent.
He hitted his bike in the back side of the standing lorry. He got head injury & died on the way to hospital. F.I.R stating that
The lorry driver stopped the lorry at zero point & checking the tyres air pressure.Suddenly a bike hitted the lorry's backside. The motorcyclist got head injury & died .
Now the Question is The Victim's (Motor cyclist) family members can any claim compensation? If Yes under which section they can seek remedy ?
please send yor valuable advice
Thanks & Regards
J.Dinakaran
cell : 9444151658
dina.advocate@gmail.com

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M/s. Y-not legal services (Expert) 18 May 2011
Surely the deceased person's family members can be claim compensation under section 166 of motor vehicles act.. Its may be his negligence. But surely this case is entitled to claim compensation if having valid insurance and driving license..

M/s. Y-not legal services (Expert) 18 May 2011
In the mean time we can't prosecute the penal case against the lorry driver. I mean we can not arraigned the lorry driver as the accused. Cos its a crystal clear case for acquittal.

Bhawani Mahapatra (Expert) 19 May 2011
Dear Dinakaran

First ensure that at the time of accident whether the motorcyclist has a valid D.L, and insurence. If yes,any of the dependent of the deceased can file a petition u/s-166 M.V.Act before MACT of appropriate jurisdiction. Definitely the court will have a liberal view to compensate the deceased even if he had commited mistake.

Advocate. Arunagiri (Expert) 19 May 2011
Even if the motor cyclist is negligent in driving, his family is entitled for the insurance claim from the insurance company of that lorry.