Compensation asked my deceased family being negligence from his side

Question

Compensation asked my deceased family being negligence from his side

10-Jan-2023 (In Motor Accident Law)

Nearly 9 month ago ,i met with accident.On the four lane NH-8 the bullet rider came in the wrong lane and hit my tvs scooty which was steady at that time.We both got injuries but unfortunately bullet rider got severe injury on head and died after several month.An f.i.r was filed by me against bullet rider but due to death of that rider police was not able to filed chargesheet against him.But now the family of deceased claiming compensation under sec 166.Even though accident was caused due to negligence of bullet rider.Any advice how to defend it?

Answers (1)

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LawRato LawRato · Accepted Answer · 2016-01-11T05:55:08+05:30

Dear Friend, It is very unfortunate to know your situation. There are few things you should immediately do. 1) If you had valid insurance policy for your scooty on the date of accident, you need not to worry about anything. You just have to give the copy of insurance policy, FIR, Pachnama & Charge-sheet (if available) to the Court and the compensation has to be paid by insurance company. 2) If you didn't have any insurance on the date of accident, you should- 2.1) -immediately ask concerned police officer about charge-sheet and if they fail to answer your query then ask them by RTI. Optionally you can also warn them of the consequences of RTI. 2.2) -produce a copy of the FIR & Panchnama in the Court and prove you innocence by proving negligence of Bullet Rider To summarise, you need to have below documents 1- FIR 2- Panchnama 3- Insurance Policy (if available) 4- Charge-sheet (if available) Best of Luck