cpc

bike accident case


I had a bike accident where a old person while trying to cross the road, was confused as to whether to go ahead or go back and finally chose to stand in the middle of the road. As a result, my scooter (running at speed of approx 45-50 kmph) hit him and we both fell down. He injured and we admit him in near gov hospital after 10 days he died in hospital. in this time his family file cased against me they claimed 30 lakh i have insurance my bike but my liscense is learning and i don't have pollution paper of bike please let me know they claimed the insurance on these condition or not? or if insurance company not pay the claim then what will be happend with me? because this time i am unemployed so how's is it possible to me claimed money or please let me know what happend to me in these conditons?

Waiting your reply
Thanks for guide me what should i do
 

 
Reply   
 
Advocate

Dear Kamal,

 

it is illegal to drive any vehicle alone on learning licence only. Secondly, the PUC i.e. Pollution under control certificate should have been taken before its expiry. anyways, the insurancecompany shall try to defend and reject the claim on the basis that the vehicle was driven by the non licence holder.

Therefore, it would be quite a challenging task to contest for the claim.

You also need to check from the reports of the hospital what was the cause of death. whether the death occured due to accident injuries or was there any other reason.

 

please check and confirm.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

 
Reply   
 



hello sir,

 

Thanks for helping me

In my conditons i purchase a new bike and when the accident my first bike pollution will be make but i can't make its truely my fault i didn't make the pollution papers

I have the postmortem report but i can't understand the report because the person eyes already swallowing he hear loud also in the postmortem report his age 55 years and he was a villager mistri working in uttar pardesh but in cased filed report his family mentioned the age of person 48 years and earning monthly 15k

but my big problem is insurance company give this money or not because my paper is not fulfill means no pollution paper and learning liscense

so pleas help me what happend with my case?

thanks

 
Reply   
 
Advocate

Dear Kamal,

 

kindly speak o the concerned doctor about the postmortem report. they shall explain you clearly. Also, was there any eye witness to the accident????

 

The family of the deceased needs to prove to the court about the age of the person and his source of income and income proof. That you have to keep in mind. further, insurance company might try to reject the claim onthe basis of incomplete papers and that you were ridingbike on learning license alone.

 

Get in touch with the doctor immediately and understand what was the reason for death. you may also call on the below given number for legal assistance.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

 
Reply   
 
Advocate/ nadeemqureshi1@gmail.com

Dear Querist

Agree with expert

 

 

Nadeem Qureshi (Advocate)

Chember No. D-720, Karkardooma Court, Delhi

email : nadeemqureshi1@gmail.com

web:    nadeemqureshi498a.webs.com

Mob: +91  9953809956

          +91 8802305262

 
Reply   
 
Dy Director

the damages can be awarded by court considering loss of earning.  Please see how far he was from the age of 60. and how much he was legally earning.

 
Reply   
 
Dy Director

Insurance company has a good case to deny payment of damages.  You alone have to pay regardless if you are student or not. 

 

You have to beg for peace.

 

Do not for get that topday you are student but not for entire life.  If award is passed against you thenyour future earnings are liable to be attached till dues are liquidated.

 
Reply   
 

how much old your learning licence?

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

IPC Grand Course     |    x