Legal Question in Personal Injury in India

One truck had dashed our santro car from behind in Vishakhapatnam, AP. I and my wife was in the car. Though we were not hurt but our car is fully damaged from back side. We took all the photos of our damaged car and the truck, truck driver. The traffic police was also there. He along with us in the car and truck took us to the Gajuwaka Police station. All reports were made. Truck was detained in the police station. We had intimated our insurance company about the whole thing. On the next day car was taken for repair in the santro workshop. We also visited the police station on the same day. This thing happened on 15th August. Now when I went to police station today the Inspector told me that nothing will happen. No case will be filed against the truck owner. That is the law. Whatever compensation insurance company will pay that only you will get. There is no law where case can be filed against the truck owner.They have released the truck also on the 3rd day.

Now my the question is what is the law. Can we charge the truck owner for the damage i.e the extra money which we hv to pay other than the insurance company paying. Can we file a case . Our car is 6 years old.


Asked on 8/21/10, 9:12 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

You surely can file a case against the truck owner, its driver and insurance company of the truck to claim all damages minus what has been paid by your insurance company. If you do not have the name of insurance company of the truck you still sue the unknown insurance co and the court itself will ask the owner or the driver about the particulars of his insurance co

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Answered on 8/21/10, 1:19 pm


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