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2 weeks ago

what is the time limit for filing case against the car honor with whom my car collided?
can I ask compensation for the amount paid additional apart from the amount paid by insurance company?

Kishan Dutt Kalaskar

Responded 2 weeks ago

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A.Dear Sir,
Normally, you cannot ask more amount than insurance amount however you can claim the same from the owner of the Car if you are approach the motor vehicles tribunal. If there is delay of 1-2 years it may be condoned if you file application under Section 5 of Limitation Act by giving valid reasons.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 2 weeks ago

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A.Dear Client,
According to Section 166(3) of the Motor Vehicles Act, the time limit to claim compensation in a motor vehicle accident is 6 months. However, the Claims Tribunal may consider applications submitted after the expiry of this period if there is a valid reason for the delay. But it cannot be considered after 12 months. The claim for additional compensation other than the amount from the insurance company is subject to the discretion of the Tribunal. If required, you can consult an advocate for advice and assistance in the matter.
Hope it helps.
Thank you.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 2 weeks ago

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A.Dear Client,
As per Section 166(3) of the Motor Vehicles Act, 1988, the time limit for filing a claim arising out of a motor accident shall be made within six months of the occurrence of the accident. You can claim compensation over and above the claim settled by the Insurance Company but it solely depends upon the discretion of the Tribunal and the merit of your claim. The Karnataka High Court has ruled that in an appeal against compensation filed by an Insurance Company in a Motor Accident case, the appellate court can invoke Order 41 Rule 33 of CPC to enhance compensation if injustice is caused to the victim or deceased due to compensation awarded by the Claims Tribunal. Reach out to an Advocate for guidance and steps.
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Vidhi Samaadhaan Vidhi Samaadhaan

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