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Can compensation be claimed after two weeks of accident ?
04-Jan-2023 (In Motor Accident Law)
I was riding bike in one way (not known as well as no sign board present. police claiming as one way) and met accident with 21 yrs old biker who came in opposite direction (who was using right way). That biker had fracture in hand and leg. Myself got minor injury in leg. Opponent team initially did not ask any compensation and presently asking huge compensation (visited my house twice) which i don't want to pay. They telling that they file case against me. FIR not yet made. Both bikes are in police station. Police arrived spot that day and took photographs. All my papers are in order. Please advise....
Hi
In the event of you having insurance, then your insurance company should pay.
Ask the opposite side to file the case in Motor Accident claims tribunal.
Take photographs of the road that is claimed to be an One Way and submit it as proof in the court that the road had No signage of it being One way.
In the event of you having insurance, then your insurance company should pay.
Ask the opposite side to file the case in Motor Accident claims tribunal.
Take photographs of the road that is claimed to be an One Way and submit it as proof in the court that the road had No signage of it being One way.
Helpful?
10+
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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Firstly, you have not stated the place, date and time, where the accident said to have taken place.
Secondly, The Traffic Police can make changes in the routes to control the traffic and maintain feasibility for traffic.
Ok, come to the point, who was driving the vehicle rash and negligently, and on wrong side which has resulted in the accident is important in this quary.
Have you filed any complaint with the police, after the accident for the injuries sustained by you and the damages caused to your vehicle in the accident, or the other side has filed any complaint with the police. If both of you or any one has filed any complaint after the accident, the police will make necessary enquiries, issue FIR, may be U/s. 337 or 338 of IPC, depending on the nature of injuries sustained. simple or grevous.
Moreover both the offences U/s. 337 & 338 of IPC, are bailable, one, the police have to give bail to you in police station after obtaining necessary bail bonds, if the case is registered against you.
If you are having a valid insurance policy, on that date of accident, you need not pay any amount to the person injured, he is at liberty to approach the civil court and seek compensation under MVACT, and the insurance company will make compensation as ordered by the court.
However, if the party who sustained injuries, seek any financial assistance for treatment due to lack of financial resources, you on humanitarian can pay as per your pocket limits.
Even if they forces you, or threatens you by visiting your house or do any illegal activities at your house, or abuses your family members or put you under threat of life or danger then you are at liberty to approach the concerned police and file a complaint against such persons.
It should be noted here that if you are making any payment on humanitarian grounds, which the police supports for victims treatment, you please obtain valid receipt from the victim for such payment.
Secondly, The Traffic Police can make changes in the routes to control the traffic and maintain feasibility for traffic.
Ok, come to the point, who was driving the vehicle rash and negligently, and on wrong side which has resulted in the accident is important in this quary.
Have you filed any complaint with the police, after the accident for the injuries sustained by you and the damages caused to your vehicle in the accident, or the other side has filed any complaint with the police. If both of you or any one has filed any complaint after the accident, the police will make necessary enquiries, issue FIR, may be U/s. 337 or 338 of IPC, depending on the nature of injuries sustained. simple or grevous.
Moreover both the offences U/s. 337 & 338 of IPC, are bailable, one, the police have to give bail to you in police station after obtaining necessary bail bonds, if the case is registered against you.
If you are having a valid insurance policy, on that date of accident, you need not pay any amount to the person injured, he is at liberty to approach the civil court and seek compensation under MVACT, and the insurance company will make compensation as ordered by the court.
However, if the party who sustained injuries, seek any financial assistance for treatment due to lack of financial resources, you on humanitarian can pay as per your pocket limits.
Even if they forces you, or threatens you by visiting your house or do any illegal activities at your house, or abuses your family members or put you under threat of life or danger then you are at liberty to approach the concerned police and file a complaint against such persons.
It should be noted here that if you are making any payment on humanitarian grounds, which the police supports for victims treatment, you please obtain valid receipt from the victim for such payment.
Helpful?
12+
12+
Adv. Mustafa Ali
Hyderabad | 100+ Answers
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