Tuesday, March 28, 2023
|Article / Legal / Law||Post Comments|
Motor Accident Claims
|By : Roseline Regite , Kochi, India 27.8.2013 Phone:9656003929 Mail Now|
Legal procedure to deal with motor accidents
Most of the accidents are caused due to the rash and negligent driving. When a harm or injury is caused to someone the driver is liable for the injury caused to the victim. It is the responsibility of the driver to avoid injuring other motorists, passengers, or pedestrians whomever he encounter on the road.
A motor accident has two sides, one is the commission of criminal offence and the other is compensation claim. The person responsible for causing the accident by negligent driving is liable for criminal offence, further liable to pay compensation to the victim. However, if the vehicle, which hit the person had insured, insurance company will pay. Only in such cases Insurance Company will be liable. In the Motor accident case the driver, owner and the insurance company are impleaded as parities. The liability of the driver is only a vicarious in nature while the owner has an absolute liability.
Court to file the motor accident case
The victim/injured person can file criminal case in the Motor Accident claims Tribunal himself or through an Advocate and claim for the same. If the victim is a minor below the age of 18 years, the parents can claim through the advocate .In the case of death by accident the Legal heirs are entitled to compensation .The owner of the vehicle can also claim for the damage caused to the vehicle.
Documents required for motor accident case
1. Copy of the FIR registered in connection with said accident, if any.
2. Copy of the MLC/Post Mortem Report/Death Report as the case may be.
3. The documents of the identity of the claimants and of the deceased in a death case.
4. Original bills of expenses incurred on the treatment along with treatment record.
5. Documents of the educational qualifications of the deceased, if any.
6. Disability Certificate, if already obtained, in an injury case.
7. The proof of income of the deceased/injured.
8. Documents about the age of the victim.
9. The cover note of the third party insurance policy, if any.
10.An affidavit detailing the relationship of the claimants with the deceased.For more click here