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Rama Krishna   14 May 2022

MOTOR VEHICLE ACCIDENT: both vehicles have no insurance

MVOP Case:
Both vehicles have no insurance but accident occurred. One of the vehicle(Van) has all documents and sufficient license except insurance.
Another one (motorcycle) has no driving licence including insurance . And he got injuries.
Can he(motorcycle driver/injured) clime compensation from the Van owner or driver.


 3 Replies

Advocate Bhartesh goyal (advocate)     14 May 2022

It is a ase of vicarious liability.Dince both the vehicles are not haviing insurance so both vehicles owners are liable to compensate  but injured ( motor cycle driver ) had no driving licence so he has no right to claim any compensation from vehicle owners.

 

 

G.L.N. Prasad (Retired employee.)     14 May 2022

Compensation is the law, having insurance is a relief, and not having insurance is also a violation.  Having insurance or not is the question, compensation has to be paid as decided by the Tribunal/court.  Go for a compromise before Lokadalat.

Dr J C Vashista (Lawyer)     16 May 2022

Both the vehicles were not insured, hence the case u/s 279 IPC will proceed but MVA claim shall not be entertained.


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