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Motor accident claim

(Querist) 05 October 2010 This query is : Resolved 
Sir my question is in a motor accident claim case the deceased is going to his native place by a motorcycle driving by his friend .the owner of that bike is some other person .In the way the accident take place of that bike with a car and the person sitting behind the bike died but the driver did not get any injury. Sir my question is whether the person deceased is also entitled to get claim from the person who is driving that bike on which deceased is sitting. If yes then why
R.Ranganathan (Expert) 05 October 2010
Yes. This will be a case of torts and you have to prove that the friend was careless and it was due to his rash and negligent driving the death occurred. It will come under Civil courts.
M/s. Y-not legal services (Expert) 05 October 2010
Its depends upon the bike's insurance.. If the owner insured for the billian rider also mean you have entitled to claim for the deceased.. Unless no problem you can bind the car's insurance company.
M/s. Y-not legal services (Expert) 05 October 2010
If the bike owner didn't insured for billion rider mean surely the bike's insurance company wil challenge your claim. So don't missjoined the car's insurance company.
pawan sharma (Expert) 05 October 2010
yes in these facts that comes under Law of torts.
Rajeev kulshreshtha (Expert) 05 October 2010
Yes.


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