Legal Question in Insurance Law in India
A boy (minor) was sitting in his father�s motor cycle (two wheeler) that was parked in the street. A truck driver who lost control dashed against the two wheeler and the boy was dead. The insurance company refused to make good for the loss of life as the boy was not in contract. The father took the company to consumer fora, district and state, but the decision was though the motor cycle was stationary and the boy should not have been in the seat and the firm is not bound to pay any remedy.
Did the father go to wrong Court? The occurrence having been in 2001 can the father approach any criminal court for rash driving etc? Will the traffic police take any case now?
2 Answers from Attorneys
Dear Sir,
Please approach Motor Vehicle Claims Tribunal.
Police complaint and FIR should have been done as it was a case of unnatural death. If you can get the FIR details file Writ for direction to complete investigation.
Consumer Fora orders have been passed on merits. There is no law prohibiting sitting on a stationary two wheeler and therefore the judgments can be challenged. Therefore you can approach the National Commission/ Supreme Court.
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