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Raj (Specialist)     16 January 2013

Road accident and compensation

Dear Experts,

I would like to know few details pertaining to my road accident case.

I live in Chennai with my father in a rented house. We met with a road accident on Oct 25, 2012 evening hours around 5:45 PM when we both were travelling in a two wheeler. I was driving and my father was sitting behind. I was wearing helmet and I was carrying all the necessary documents like License, Insurance, RC etc.

We were asked to stop the scooter in an intersection by the road traffic constable where they have put a barricade so that from the other side of the road vehicles can go. Suddenly one of the Infosys Bus came from behind and hit us to which we were dragged 10 meters ahead. I was lying under the bus and my father was lying under front bus wheel beneth the driver side. Road side police constable, Inspector and near by pedestrains came along and pulled us out of the near death.

The driver was caught red handed then and there itself by the police constable and was taken to the near by police station. The other cop went to the bus conductor and asked him to take away the bus and park in near side by road so as to avoid traffic congestion on the busy road.

In this accident my left hand got fractured and my father sustained injuries and scratches and vehicle was damaged. I then drove my damaged scooter to the near by police station where the driver was taken under custody for rash driving. Later we came to know that the bus break failed when driver applied break and bus does not have a valid Fitness Certificate which caused the accident.

A FIR was lodged in the police booth and a copy was handed over to us by the road accident police department the other day and was asked to file a case. They told us since it is a road accident, even you file a case against the driver, the driver may come out clean after given a bail. The road accident victim would not win over however we can still fight the case for compensation. They directed us to their lawyer to whom we submitted all the documents in relation to the hospitalisation bills, X-ray and medicines. I have given the Vakalatnama to the lawyer so that he can represent on behalf of me in the court.

1.5 months have been passed however we have not received any update as such apart from the lawyer who called me last month and told that he has filed the case in the court.

My question is whether I should chase the lawyer to get the update and if yes what should I question him. When will we get the compensation and how much it would be.

Awaiting your valuable expertised feedback and suggestions.

Thanks

Raja Shekar



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