Claim Petition In Accident Case
An accident can happen to anyone. In a major accident when a person lost his life then dependent/dependents on the deceased also lost a person who was the earning hand for them. In accident cases, a family member of the deceased can file the claim petition in the court. The claim can be filed by any person, who has suffered on account of an accident arising out of the use of motor vehicle and such persons would include those who have lost dependency and any other kind of support as a consequence of the death of the victim in the accident. The claim made in the case by sisters and brother falls only under section 166(1)(a) is a substantive provision, which confers a right on all the legal representative of the deceased victim of a tortuous act to claim compensation from the wrongdoer and being a special provision dealing with accidents arising out of the use of motor vehicles.
Who can file Claim Petition (in Death case) –
A claim petition can be filed under the Motor Vehicle Act in a representative capacity. Admittedly a person who was getting the money from the deceased continuously(dependent). Even one of the legal representative is entitled to file the claim petition. That it is duty of the tribunal(Court)to implead as respondents all the legal representatives of the deceased who have not joined as petitioners. The application for compensation has to be treated for the benefit of all the legal representative whether joined in the petition or not.
When Claimant not dependents upon deceased –
If the claimant admitted in the case that he was not getting any money from the deceased. Therefore, they cannot claim any compensation for loss of dependency income. Even he was alive, they would not have got anything and therefore there is no loss of dependency as admitted by him in the evidence. Therefore, they are not entitled to any compensation for loss of dependency income.
Who Can Claim in Injury Case –
In case of an accident a person who sustains injury can make an application for compensation before the Claims tribunal and make a claim of that period of income which he has lost due to the accident and amount which he spent in hospital and other medical expenses.
