ronnie (network engineer) 03 March 2011

please guide about accident insurance claim

My friends father was on night walk. at that time friend's father met on accident with byke. My friends father taken to hospital but due to injury on head he declared dead. we have withness about the accident and also registered police complaint.

Now how do we claim componsation from the byke owner. my friends worried that if we have government advocate than he may be bribed by the opposite party and weaken the case. And as my friends is still studying so he can not efford private and intelegent advocate.

please guide us forum.

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3 Replies

DISHA D. SHAH (lawyer) 03 March 2011

you have to file Macp for compensation, generally in india this type of petition advocate fee to be paid after compensation received , so no matter of afford ,first find byke have insurance and which ins. co. where r u from?

compensation calculation depends on incom of ur friend's father

M.Sheik Mohammed Ali (advocate) 03 March 2011

yes, you first file MCOP case and claim insurance of the byke owner, and secondly you must added in the MCOP case the byke owner as a second accused. in case the insurance may provide limit of amount, then we go increase the amount to court that time the court order to balance amount must provide the byke owner, so you must add 2nd accused is a byke owner.

lingraj maradi (advocate) 05 March 2011

Sir,

There is no advocate for this type of MACT cases and if you appoint any advocate you need not give fee before the disposing the claim petition after the disposing the claim petition your advocate get some percentage of the that compensation as fee so don't worry, because please find the bike driver owner and filed complaint against him for the offence punishable u/s 304A and collect the insurance papers of the bike and chargesheet then you file calim petition and lead evidence.

your case very good on merits now hurry to fight and you get sufficient compensation