Sanil Pal
Asked November 24, 2016

damages due to accident

  • 2 Answers
  • 442 Views

My bro in law died in accident on 19th july,2016 in gujarat.Accident took place on 13th july, and he was admitted in jalarambhai hospital in gujarat.Then after that we took him to mumbai and he was admitted in jaslok hospital and then he died.He was a truck driver hired by the owner of the truck.He was fixing punctured wheel and then suddenly another truck hit his truck from backside and he got stucked below the truck and was injured badly,especially the brain injury.He went into coma.Driver who hit the truck ran away,later he was caught.So pls help me to know what can i do now.What benefits will his family get from his truck owner,will truck insurance will be given to his family,what he will get something from third party.how much time this case will take to finish,how much claim can i get??.pls suggest me some effective knowledge regarding this and also how to c a good lawyer??

Answers 2

Default avatar
Asmita Rakhecha

The Government of India is constantly striving to make compensation in case of hit and run cases available. The Insurance Regulatory and Development Authority of India provides that the compensation in case of death caused in case of Hit and Run cases shall be a fixed sum of Rs. 25,000 in compliance with Section 161 of the Motor Vehicles Act. The person accused of committing the act upon being found guilty may be charged under Sections 279, 304(A), 338 of the IPC with a sentence which may extend up to a period of 6 years along with fine. In such a case, the person charged guilty of committing the offence will also be liable to pay for compensation to the victim. Therefore, the other driver can be asked to pay compensation to your family. To get help to file a case in the Court you can put in your information on http://lawfarm.in/legal_cases/new from lawyers working in your city, registered with us. 

Agree Comment 0 Agrees almost 4 years ago

You can file case in Motor Accident Claims Tribunal or Workmens' Compensation Claim. As you mentioned that the driver of the offending vehicle was arrested than FIR must have lodged with the police station where the accident took place. If your brother was resding in mumbai than you can file case in mumbai. You can contact me if you are interested to file legal action.

Agree Comment 0 Agrees almost 4 years ago

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