Can a person claim compensation after 7 months of accident?

531 votes

Hi Good evening,

Sure injured person/petitioner can for MVC petition after 7moths. Onece you have serverd with a notice through court. You can appoint an advocate to appear on your behalf. You can also ask the court for settlement by referring it to arbitration also.

Thank you.

Advocate Sujatha. D LawRato

548 votes

Hi,
It is unclear whether you have caused the accident or if you are the victim. However, the last part of your query sounds like you have caused the accident and so here's the advice. When an accident happens there will be a criminal case and a case for compensation before the tribunal. If you plead guilty in the criminal case and pay the fine then the criminal liability gets proved making it easy for the claimant to make out a good case before the tribunal seeking compensation. So my advice is don't plead guilty and contest the case. As for the compensation claimed, contest that matter too and let the claimant prove the disability to get compensation. This strategy will give you time sometimes allowing you to settle the matter amicably with a figure you can afford.

Advocate Robin Christopher J LawRato

687 votes

YES, AND BE ASSURED THAT IT IS THE RESPONSIBILITY OF INSURANCE COMPANY TO PAY SUCH COMPENSATION IF ANY AWARDED BY THE COURT. YOU WILL BE THE FORMAL PARTY IN SUCH CASES, YOUR APPEARANCE NOT REQUIRED PROVIDED YOU ARE SURE THAT AS ON THE DATE OF ACCIDENT YOUR VEHICLE WAS UNDER INSURANCE COVERAGE.

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.

LEGAL DEFENCE AVAILABLE TO THE INSURANCE COMPANIES TOWARDS THIRD PARTY:

The Insurance Company cannot avoid the liability except on the grounds and not any other ground, which have been provided in Section 149(2). In recent time, Supreme Court while dealing with the provisions of Motor Vehicle Act has held that even if the defence has been pleaded and proved by the Insurance Company, they are still not absolved from liability to make payment to the third party but can receive such amount from the owner insured. The courts one after one have held that the burden of proving availability of defence is on Insurance Company and Insurance Company has not only to lead evidence as to breach of condition of policy or violation of provisions of Section 149(2) but has to prove also that such act happens with the connivance or knowledge of the owner. If knowledge or connivance has not been proved, the Insurance Company shall remain liable even if defence is available.

Advocate Kishan Dutt Kalaskar LawRato