I met with an accident and bike did not have insurance, please advise.


I hav met wit a accident before 6months. Out of 3 im only the survivor of the crash. My bike was not insured. What will be the consequences? Will this case results in loss of money for me?

Answers (2)


327 votes

your question is not clear. did three persons travelled in a bike? did you hit on someone or someone hit you? if you are victim and if you travelled in a bike and if you do have insurance is not a problem. if you are the cause of the accident and if u dont have the insurance then your are liable to pay the victims


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

336 votes

It depends on the nature of the Accident.
The income of the deceased per annum should be ascertained. Out of the said income a deduction is to be made with regard to the amount which the deceased would have spent on him by way of personal and living expenses. The balance which is to be considered to be the contribution to the dependent family constitutes the multiplicant.

Step 2

Having regard to the age of deceased and active career, the multiplication method should be selected

INJURY CASES

Injuries cause deprivation to the body which results in losses, entitling the claimant to claim damages. The damages may vary according to the gravity and nature of disability or of injuries suffered.

The damages can be pecuniary as well as non pecuniary. But all this has to be converted into rupees and paisa. The court has to make a judicious attempt to award the damages, so as to compensate the claimant for the loss suffered by him. The compensation should not be assessed in so liberal fashion as to make it a bounty for the claimant. There must be an endaveour to secure some uniformity and consistency. It is desirable that so far as possible comparable injuries should be compensated by comparable awards.

HOW TO ASSESS DAMAGES

Damages have to be assessed under two heads, viz; Pecuniary Damages and Special or General Damages.

Pecuniary Damages may include expenses incurred by the claimant on:

Medical treatment, attendance, transportation, special diet, etc;
Actual loss of earning of profit up to the date of trial; Future loss of earning
Non- pecuniary Damages include:

Damages for mental and physical shock, pain and suffering already suffered or likely to be suffered in the future;
Damages to compensate for the loss of amenities of life which may include a variety of matters, i.e., on account of injury the claimant may not be able to walk, run or sit.
HOW TO FILE CLAIM APPLICATION

Claim application can be filed under Section 163A for claim to be determined on structural formula basis provided in Schedule-II. Schedule-II has been adjudged as suffering from severe mistakes and the Supreme Court has held that total reliance cannot be placed on this schedule. The injured or the legal representatives of deceased can file claim application in a prescribed format making driver, owner and insurer as party. Driver is not a necessary party in some states. No limitation has been prescribed for filing of the claim application. Initially when the law has come into force the limitation was 6 months which was later increased to one year and ultimately in the garb of welfare legislation the provision of limitation has been deleted.

Popular Insurance Lawyers


Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
34 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
20 years Experience
Advocate Bala Janaki
330 Thambuchetty Street, Chennai
36 years Experience
Advocate Rajeev Nigam
Kanpur Nagar, Kanpur
27 years Experience

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Insurance Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related Questions


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."



Related Articles