yesterday in our village there was a damage to one of the electric poll so the department try to replace the pole with new on so they bringing the poll tied to one end of the tractor in the night time with taking any precautions to signal other vechiles . on road the pole is roaming across the road. opp vechiles can't she that they are carrying the pole. one of the bike with 50 60 speed crossed the tractor and he hit the pole tied to backside of the tractor and got severally injured to head skull area internal bleeding. the family members took him to hospital. they are very poor doing agriculture works. so now can they ask compensation or money to electric department to bare the hospital amount. how should they move on to get some financial aid from the department because the act take placed that they didn't follow any precautions measures even they didn't made any dangerous signals please some one explain how should they move legally
The best option is for filing a case of compensation under MV Act making 1.Electricity dept 2.Tractor owner 3.Insurance company. At some places, there are advocates that may advance a sum, not more than Rs.1 lakh for interest and with predetermined fees, and after getting a claim they will deduct the advance and fees and can pay the balance amount. I do not think that the tractor can get insurance as this amounts to commercial transport where the premium is heavy and they might have insured only for agricultural purposes, where the premium is less. But do make a close follow up with police complaint and the findings will certainly be material to the findings of civil Motor accidents case. Also, contact District Local services authority for compromise through Lokadalat camp ( periodically twice in a year) where the decisions are taken immediately through negotiations.
A claim under the provisions of MV Act can be filed before the jurisdictional MACT to claim compensation by impleading the tractor driver, owner, electricity department and the insurance company as parties to the case.
You may contact a lawyer practicing in MACT cases for getting the relief.
Give the descripttion of the Opposite party as 1.Sri,.......................Surpanch, Gram Panchayat,..................... If you apprehend political pressures to hush up the issue, let the recording be uploaded in Youtube through a friend or relative from a distant place like Hyderabad City.