Upgrad LLM

accident victim claims - help requested


Respected Lawyer sir, 

I am from Bangalore and a victim of a Road Traffic Accident.  This accident happened while travelling in a Bus from Indore (M.P)  to Bhopal on Feb 04, 2010,  as the bus had a head-on collision with truck.  This accident happened hear Manglia, Indore.  I sustained multiple  injuries and I was treated in Indore and later in Bangalore. I have now recovered and still have deep scars and some wounds.  

The police recorded my statement while I was treated in the hospital.  However I don't have a copy of the FIR as I was all alone when the accident happened.  

Pl. let me know if I can claim compensation as I am a victim of this accident.. Pl. advise me on the procedure to be followed in this matter, 

Best Regards

Gangadhar S 

Bangalore

 
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LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA

Mr. Gangadhar,

U can claim. U will have to take all the documents like FIR and statements of the witnesses, if any, from the concerned Court, in whose jurisdiction the accident got occurred. And u can file the claim petition where u r residing or work for gain. For further details u can contact me at 9871158578

 
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LAWYER

hi yes u can but first of all u should be approch the police station where that incident occurred. after that u can ask the station incharge about ur case.  acc to law u can be ask the copy of fir under sec 154 crpc and if they doesn't file the case against that' bus owner or driver or truck owner or driver' than u can be ask the reason to them why they did not file a case.

 
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Advocate

You can file Motor Accident Claim Petition in the Motor Accident Claim Tribunal at Banglore. For that you need following documents:

  1. Certified copy of  First Information Report (FIR)
  2. Panchnama of the place of accident
  3. Medico-legal Certificate of your injuries
  4. Copy of Driving Licence of the driver of bus
  5. Copy of Driving Licence of driver of truck
  6. Copy of R.C.Book of Bus & Truck
  7. Insurence Policy of Bus & Truck
  8. Address of Drivers of Bus & Truck
  9. Address of Owners of Bus & Truck

You can request the police officer to provide the same. If police had already filled charge sheet against the drier of offending vehicle, in that case you can approach the court of Judicial Magistrate & can ask for the certified copies of the same.

After collection of said documents, you can file claim petition u/s 166 of M.V.Act & if you have any disability after the accident , in that case you can also file application u/s 140 of M.V.Act for Interim Compensation of Rs. 25,000 - 00

Kindly preserve all your original medical bills of treatment. You have to submit them in the tribunal during the trial.

You can take help of an advocate for claim petition

 
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Respected sir/madam 
i own a commercial shop on ground floor in a register society ,as i intend to sell the said property to a doctor for a maternity hospital i have applied along with society prescribed form no 20(1) 21 on 11th june 2010, and in my application i have requested the society that all the required permission from concern BMC Authority shall be taken by the doctor at his cost alone,but till date i have not got the noc from the society ,i was told orally that i will not be issued the said noc ,as its for a maternity hospital.my question is can the managing committee can say no to the said noc and why.please suggest me and guide me to obtain the same.
best regards.
Ratnani     
 
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