motor accident claim cases

Querist : Anonymous (Querist) 06 October 2011 This query is : Resolved
Is the second claim petition is maintainable after the first one had been decided by the Motor Accident Claims Tribunal on Merits awarding compensation to the injured on the ground that the injured is further spending for further treatment?

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Raj Kumar Makkad (Expert) 06 October 2011
If the facts of earlier petition were same as narrated then second petition is maintainable only upto subsequent medical expenses and loss of income etc.

ajay sethi (Expert) 06 October 2011
agree with mr makkad

Guest (Expert) 06 October 2011
yes Mr. Makkad is right you can file the other petition for the further paying after the first has been awarded.

prabhakar singh (Expert) 06 October 2011
Mr.Makkad HAS RIGHTLY GUIDED YOU AS YOU CAN CLAIM FOR SUBSEQUENT MEDICAL EXPENDITURE AND LOSS OF EARNINGS.

Shailesh Kr. Shah (Expert) 07 October 2011
the second claim petition is maintainable On the ground that the injured is further spending for further treatment?

Answer: yes, second claim petition is maintainable for further spending for further treatment

Shastri J.K. (Expert) 07 October 2011
I agree with Experts.

J K Agrawal (Expert) 07 October 2011
Respected Sirs

I would like to be differ with due respect.

While an claim is decided it is decided completely looking at past present and Future possibilities.That is why in death case future prospectus and contingencies are taken into account.

If it is permitted the litigation will be endless and even after 50 year one can file a suit that I got this ailment due to that accident.

It is sattled law that no amount of money will compensate corporal injuries.

Corporalis injuria non recipit aestimationem de futuro. A personal injury does no receive satisfaction from a future course of proceding.

Concept of law is that litigation should be mitigated.

Further policy is that when a litigation is decided it should be decided whole and finally.
Expedit reipublicae ut sit finis litium. It is for the public good that there be an end of litigation.

Boni judicis est causas litium derimere. It is the duty of a good judge to remove the cause of litigation.

Finis finem litibus imponit. The end puts an end to litigation

Res judicata facit ex albo nigrum, ex nigro album, ex curvo rectum, ex recto curvum. A thing adjudged makes what was white, black; what was black, white; what was crooked straight; what was straight, crooked.

and so on.....

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