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accident insurance


Resepected Sir and Madam,

I have a question on accident insurance...

Two persons (from lower income group) unfortunately had an accident. They were riding two-wheeler (does not have papers - owned by someone) skidded and hit another car (has full insurance) - headon collision. Two wheeler rider did not have DL at the time of accident. Police booked the bigger vehicle (car driver) for rash-negigence.

Insurance company has denied their claim due to lack of DL and papers. Some lawyer (introduced to them by police) has promised them to fight the case in MACT, but they cannot afford to pay the fees he is asking for to fight.

Will their claim petition be entertained? Can they get their medical expenses etc. Is there any other provision in the law/insurance to claim compensation for people having low income?

 
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They have to file a petition and produce driving licence.

 
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Yes.  The poor people can file claim petition.  They have to file an application before the MACT declaring them to be an indegent persons and they are not able to pay the court fee required.  The court after  inquiring into their financial status, if comes to conclusion that their financial status cannot afford to pay the court fee,  the court will take the claim petition on file by declaring the claimants as indegent persons.  Coming to compensation, merely because the rider of the two wheeler does not possess driving license, he cannot be denied compensation, if he successfully establishes in the court that the accident occurred only due to rash and negligent driving by the driver of the car.  According to my memore, there are certain decisions of Hon'ble Supreme Court in this regard.  If you require, I may help you.  My contact number is: 09885808021 and my e-mail: venkateshgupta_kande@yahoo.co.in.

My address: K.VENKATESH GUPTA, ADVOCATE, 1-1-16/1/2/A, JAWAHARNAGAR, HYDERABAD. ANDHRA PRADESH.

 

 
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Adv P & H High Court Chandigarh

Fully agreed with Gupta. additionally it is to inform you that claimants can also move an application before Secretary legal Services Authrity (generally CJM of the district) on a simple paper supported with an affidavit of his income group then a penal lawyer shall be provided to them and all the expenses of the case shall be borne by Govt. If insurance company do not provide compensation then owner of car has to pay.

 
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Dear Gupta and Makkad Sir,

Thanks for your support.

Yesterday, i went to the court with the victims to assess the situation. Found that their claim applications filed by the lawyer under section 166 were dismissed after objections from insurance company. We tried to contact the lawyer ("Mr. Veera") but he did not turn-up. So we applied for judgement copies. Meanwhile my friend has reccomanded another lawyer expert in MVC cases, we could meet her only in the evening; she is going to study the cases and will contact us in 4-5 days. But she did mention that many times police and their lawyers extract money from victims. She also mentioned that she might have to apply under different section but compensation will be reduced. She is going to charge only nominal fees due to poor financial condition of the victims and very small court fees.

One Q to Makkad Sir - If insurance company is not going to pay any compensation, how can we make owner to pay if he has a full insurance cover? In our case car-owner has comprehensive insurance and we have copies of his insurance policy, RC and DL given to us by police along with FIR and challan copy, report. So i think we will have to eventually fight with the insurance company. Insurance company will prevent car-owner to  come to the court or compensate us though he is also a party. I heard from victims that police tried to make money from him also, but he threw-up his insurance policy and papers. These victims had to do whatever police and that lawer ("Mr. Veera") asked them to do beacuse they did not have any papers which made their life miserable... And the owner of the car helped them to reach hospital.

What is the purpose of insurance? If owners have to pay all the money inspite of full insurance, people would not dare to drive a vehicle on the road. 

 
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Adv P & H High Court Chandigarh

In case you prove that accident had been caused by the driver of the car due to his rash and negligent driving in that case owner shall become liable to pay compensation along-with driver/respondent no. 1 to the claimant. Now owner can shift his liablity towards insurance company because he has takn a comprehensive insurance policy but as the driver is not holding a driving license so insurance company is not liable as agreement of insurance has a prioer condtion that driver must have valid driving license to drive the insured vehicle.

 
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Dear Makkad sir,

I hope we could do that...

But in this case, as I already mentioned above, unfortunately two-wheeler rider (victim) did not have valid DL and neither he could produce two-wheeler papers as well, so their claim application under 166 got DISMISSED. Probably these are the objections taken from insurance company/car-owner. So now the new lawyer is going to explore other options/sections to claim some compensation.  So wanted to know the other provisions...

Anyway it would have been difficult to prove the negligence of car driver, when the two wheeler rider does not have proper DL and car owner/driver has all the papers incl DL. No proper witness/strict proof etc...  It is good that this application got dismissed very early, else, victims would have been taken for a ride by the earlier lawyer/police... and at the end they would have left with hardly any compensation moeny. 

I am amazed with the judicial speed in these cases now. I guess in the past these cases used to be dragged for years and many times victims were not getting financial aid at the right time. I think laws, procedures are getting better and tougher. If the victims don't have proper driving licence or if they are unauthorised, forget about getting HUGE compensation.

JAI HIND.

Regards,

SHARIC

 
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Adv P & H High Court Chandigarh

I agree Sharic with you on the point that courts are deciding such matter very fast and merits are also not ignored. Hon'ble apex Court has provided definite and strict instructions in such matters and lower courts are following its verdict in letter and spirit.

 
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