While living in society, it is unavoidable to not face an accident. There is always a possibility that while you are out there among people and machines, you could get involved in any kind of accident. And while you are in an accident, it's not possible to handle all the issues such as insurance claim, injury settlement, etc. This is where an experienced lawyer is helpful.
An advocate, say an experienced Supreme Court Lawyer in Delhi, has an in-depth knowledge of the law and can handle the proper procedure required, which may not be possible for a layman. Hiring a lawyer after an accident can be very helpful for various reasons, such as:
In India, thousands of accidents take place on the roads, many deaths are caused in such accidents due to lack of proper medical help, reason being lack of funds and awareness among common people. The Motor Vehicles Act, 2019 is passed by the Government of India to ensure road safety to some extent. The MV Act which got amended in 2019, covers issues such as licensing of the drivers, registration of vehicles, liability in case of an accident, punishment, also covers hit and run cases, etc.
The victim can file for compensation before the motor vehicles claim tribunal under whose jurisdiction the area falls where the accident took place, or where the claimant resides, or where the owner of the vehicle resides under section 166 and 140.
In the case of Vimla Devi v The National Insurance Company, it was held by the court that FIR of the accident is enough to claim of compensation, i.e. FIR can be used as evidence or document to provide compensation.
Thus, after filing a claim or FIR, compensation will be granted based on the kind of injury and circumstances which led to the accident.
Conditions Where Claimant is entitled to Compensation: According to the M V Act, Section 165, injured party can claim compensation in the following circumstances-
· where accident caused due to motor vehicle
· accident resulted in death or a permanent bodily injury to a person
· where loss of private property is caused to a third party due to the accident
Kinds of Claim:
Section 140- here the claimant doesn't have to prove the fault of the other party, in case of death compensation to be paid in rupees 50000 and in case of a permanent injury rupees 25000.
Section 161- in hit and run cases, compensation in case of death shall be rupees 2 lakhs and in case of injury causing permanent disability the amount to be compensated is rupees 50000.
With the amount of accidents caused everyday, the need for a good legal council has increased. An experienced Delhi High Court Advocate, would ensure a hassle free legal procedure after the accident. In case of road accidents, sometimes a Criminal lawyer in Delhi is also needed, as the injury sustained could be fatal.
Lead India provides a wide pool of advocates dealing with issues related to insurance claim, road accident compensations, negotiations, etc. We ensure a hassle free completion of legal procedure after any such incident.
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