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PRAKASHCHANDRA MARU (lawyer)     29 September 2009

MV ACT

Hello all learned A student was traveling in the passenger riksha meanwhile a pit of water came and due to negligence of the driver the said riksha turned down into the water pit and due to this reason that student got fracture in leg and got stitch in the hand fingers and simple injury to the fore head now my question is that that student is not earning any thing at the present time so on the which base I can demand the compensation and what should be written in the colum of the income of the applicant it is my knowledge that expenses of the medical expenses, like bills, attendance charge, traveling charges, special diet charges but what is about the earning and I do not want to put bogus claim for the stating that the student was working part time I want put the real claim and pls provide if any judgment Regards



Learning

 10 Replies

Swami Sadashiva Brahmendra Sar (Nil)     29 September 2009

You have said  that student was riding on   " passenger riksha " . 

Does it mean a rickshaw pulled by man ? if so You can not claim under M.V. Act because  no motor vehicle was involved in the accident.

1 Like

PRAKASHCHANDRA MARU (lawyer)     29 September 2009

n o sir it was not pulled by student student was the passanger and rixa is passed in the rto as passanger rikshwa

PRAKASHCHANDRA MARU (lawyer)     29 September 2009

the student was the passenger and the vehicle was driven by the driver having full insiurance policy but question is regarding the income of the student as above stated regards

Swami Sadashiva Brahmendra Sar (Nil)     29 September 2009

From jurisdictional point of view, It is immaterial who was puling the rickshaw . 

Any way, if it is motorised vehicle  then you can file claim. so far income is concerned, it is clear that he himself is dependent on someone else. But you should work out your claim on the basis of his  qualification, academic  record, institution where he is studying, nature of his study course, loss of his future prospect etc.

adv. rajeev ( rajoo ) (practicing advocate)     29 September 2009

He is student, offcourse no income, but you have to take the contention that he was helping to his father, if his father has any business and agrl.,. He is bright strudent, it's affected his carrier   etc.,                   

Sarvesh Kumar Sharma Advocate (Advocacy)     29 September 2009

who is responcible for  pit of water ? file the case against them for negligency not upon the rixa polar.

1 Like

amit singh (as)     06 February 2010

HI ,

       I have a problem . someone took my vehicle ( with my consent) and bumped a govt teacher . the accident was simple , but the doctors (again govt) carelessly aggravated it . i gave the man some money around 60000 for his medical expenses . now after some time he filed a claim . my vehicle was not insured at that time . he is still in govt service and i think he limps a bit . he has claimed 16 lacs from me . ia am a bit worried . his age is around 30 . his salary must have been around 14000 per month . so is he entitled to such huge amount .

amit singh (as)     06 February 2010

*I think he has claimed some money from the govt also , so will that be deducted from my claim .

*also what about rash driving , coz he was actually driving his motor cycle rashly .

* what about the liability of the person who was driving my vehicle . i was not in the  car . if he drives badly then only i am resposible , this is not fair .

amit singh (as)     06 February 2010

hello learned people do help me . also give if some reference of supreme court or some other thing is there .

Swami Sadashiva Brahmendra Sar (Nil)     06 February 2010

Dear Amit,

Please note that:

(a) the compensation shall be determined according to loss incurred due to injury and

( b) it will be apportioned between you and the claimant in the proportion of negligence.

Thus, if the Tribunal assesses the compentation at Rs. 100/- and finds that the claimant was  equally negligent and responsible for accident, the award shall be made for Rs. 50/-.


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