Motor Accident Claim

Chetan Pardakhe (Querist) 13 June 2011 This query is : Resolved
That the accidental bike is registered in the name of Son and the accident is committed by the hands of Father, the offence is registered against the father. Whether it is necessary to add son in the claim petition.

Further in the same case the bike hit to autorikshaw and the autodriver lodge the police report against the bike driver i.e. father , whether the auto owner and driver required to add as a party in claim petition.

Pls guide
urgent

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PALNITKAR V.V. (Expert) 13 June 2011
If the father has valid license, son need not be joined as a party. The claim can be filed against father and the insurance company. It is better to add rikshaw driver/owner as party because a plea may come forward that the rikshaw driver was negligent.

Guest (Expert) 13 June 2011
yes it correct to act upon the advice of Mr.palnitkar

Parveen Kr. Aggarwal (Expert) 13 June 2011
The owner son is to be impleaded as a respondent in the claim petition. The liability in case of motor accident claim is a tortious liability and the owner of a vehicle (being principal) is vicariously liable for the acts of his agent (the person driving vehicle). The insurance company can be held liable only if the owner of a vehicle is held liable and not otherwise. An insurance company enters into an agreement of indemnification only with the owner of the vehicle.

prabhakar singh (Expert) 13 June 2011
Mr.Parveen Kr.Aggarwal is right in his opinion.

Sachin Bhatia (Expert) 14 June 2011
Yes it is necessary to add son in the claim petition as respondent.

valentine thakkar (Expert) 14 June 2011
In absence of insurance coverage, owner of the offending vehicle would be held responsible severally and jointly. Thus, the owner of the vehicle is the necessary party. It is advisable to join all to avoid delay and unnecessary representations.

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