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No settlement of compensation in a road accident case.
22-Oct-2023 (In Motor Accident Law)
I met with a road accident in 2014 while travelling in autorikshaw which was hit by a speeding Santro car. I suffered a lot of injuries and incurred huge medical bills. Entire fault lies with the Santro driver who was drunk and was driving without car insurance. I filed case against the owner seeking compensation. Now, even after 4 years there is no settlement and my lawyer has sought settlement with the insurance company of autorikshaw since car did not have any insurance. Recently, court has ordered the insurance company of autorikshaw to provide monthly recovery amount until final settlement. My worry is why the court is not holding the owner of car responsible and ordering them for compensation..?.. Or maybe my lawyer is protecting them. Kindly let me know whether court takes such decision instead of holding the owner responsible and ordering him to face the liabilities...?..Usually how much time is incurred in resolving such cases...?...Please help.
This is my response to you:
1. The car owner should be held liable;
2. If there are blood tests against the drunk driver then the court should penalise him;
3. The license and car of the drunk driver should have been confiscated;
4. It does not matter that it is 4 years, bring the drunk driver back on record;
5. Ask the court to direct the drunk driver to pay you out his own pocket. If it was rickshaw driver's mistake too then there is contributory negligence;
6. He should also be jailed for the act he committed;
7. This should have been settled within 1 year of the accident;
8. Consult a goof MAT lawyer and take steps.
1. The car owner should be held liable;
2. If there are blood tests against the drunk driver then the court should penalise him;
3. The license and car of the drunk driver should have been confiscated;
4. It does not matter that it is 4 years, bring the drunk driver back on record;
5. Ask the court to direct the drunk driver to pay you out his own pocket. If it was rickshaw driver's mistake too then there is contributory negligence;
6. He should also be jailed for the act he committed;
7. This should have been settled within 1 year of the accident;
8. Consult a goof MAT lawyer and take steps.
Helpful?
Adv. Gowaal Padavi
Mumbai | 500+ Answers
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