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YN Gaikwad (self)     14 January 2010

Need clarification on claim petition

SOmeone asked me a Q regarding MV act regarding dismissal of their claim petition:

There was an accident between a tempo and two=wheeler. two-sheeler rider and pillion rider were injured and hospitalized.

The tempo driver-owner was fined by local magistrate for rash-driving. 

But two=wheeler rider does not have license and his vehicle papers are not avaialble with the owner, outstation vehicle transfer, not yet registered by the owner etc...

After an year the two=wheeler persons filed a claim petition in MACT involving tempo insurance company. Both owner-driver of tempo and insurance filed objections. After ~3 years petition got dismissed, as the two-wheeler owner could not produce his vehicle papers.

Can you really get compensation in such cases? What could be done?



Learning

 2 Replies

V.Senguttuvan (Advocate / Mediator & Concilator)     14 January 2010

 In claim cases FIR and wound certificate will do to satisfy the claim for the injuries sustained in the accident. We don't know on what ground the MACT dissmissed the petition.

Suri.Sravan Kumar (senior)     27 February 2010

The motorcycle rider is a third party to the claim filed against tempo owner and insurer. The claim petition was dismissed due to some other reason . Non production of vehicle papers is not fatal to the case. Pl instruct him to appeal to high court.


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