vivian (Boss) 02 April 2011

Car damages due to cricket ball

My car was recently damaged( broken door mirror and damaged taillights) due to some people playing cricket. As soon as I confronted them after the incident they said that "Now it has happened and nothing can be done". I am wondering whether I can file lodge a police complaint against these people. The concerned people are also very 'rowdy' type and always are creating nuisance by playing cricket in the afternoon and making a lot of noise. My car does not have a comprehensive insurane policy so there is no chance of making claims.

It would be very helpful if anyone could guide me about the right course of action to be taken.

Regards,

Vivian

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4 Replies

adv. rajeev ( rajoo ) (practicing advocate) 02 April 2011

If you have got so much of courage to face those rowadys leaving all his work then you can file a police complaint, if your don't want then claim the damages from the insurance co., by lodging a complaint before the police.

vivian (Boss) 02 April 2011

Thank you for your suggestions. But as I mentioned in the post - there is no comprehensive insurance for my car as it is over 10 years old and the model has been discontinued. We only have 3rd party insurance. Also I am doubtful about the coverage of plastic parts and items like mirrors in the insurance policy.

Can I lodge a police complaint and then make claims from these people?

BAIDYA NATH SAHA (baidyanath.saha@yahoo.com) 03 April 2011

I think for compensation and also for abatement of nuisance the law of TORT will be useful remedy for you...consult your lawyer ...

tarun (Associate) 22 December 2013

I am a member of housing society and park my car in open inside the society premises. The rear glass of my car has been broken twice. I let it go the first time but on second occasion have demanded damages from society. The reason for breakage was not ascertained - it appears to have been done delibrately by someone.

I pay parking charges and maintenance hence my contention is that since the society takes maintenance charges and parking charges from the member, it is responsible for ensuring safety of car and accordingly is responsible for the damages.

Is my contention valid - Can i quote any case law to support it.

thanks