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where to file a compensation petition

(Querist) 08 January 2010 This query is : Resolved 
Dear experts,
Give your valuable opinions to me in this legal matter. A is working a bus conductor in a Government transport company. When he was on duty the bus tyre was busted and the driver was changing the tyre. At that time the conductor helped him by taking tools and another passenger also helping them. At that time a lorry droved by it's driver rashly and negligently and dashed against the conductor and passenger and gone without stopping. The lorry could not be traced even after 2 months. The conductor sustained fatal injuries and died. the passenger sustained grevious injury. The conductor was earning a sum of Rs.14000 on the date of accident. if i file a case under work man compensation Act then the maximum amount of an workmen is only 4000 and 50 % of the same is Rs.2000/- multiplying the factor the compensation can be awarded aound 4,00,000/- if i file an application under Section 140 & 166 of M.V. Act (no fault liability) then the amount of compensation will be more but since the lorry could not be found out how can i file a case and claim compensation against the lorry insurance company. If the court consider the case of hit and run case then also compensation will be less.
Advise me how can file a case under M.V.Act and claim more claim against the bus management & under which section?
adv. rajeev ( rajoo ) (Expert) 09 January 2010
when truch is not traced you have no other way except the workmen compensation tribunal.
Raj Kumar Makkad (Expert) 09 January 2010
This quarry has very well been replied on today itself.


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