EXERCISE ON MOTOR CLAIMS - 1

A young man of around 25 years was coming from a rev party in his BMW car in
the early hours. He was accompanying his three friends. The car was being driven
by himself on a very high speed.

Unfortunately, while negotiating a sharp turn, he lost control, specially due to high
speed. The car jumped on the side pavement and hit four labourers who were
sleeping there, after damaging an Auto Rikshaw which was parked nearby. The car
finally hit the boundary wall with a bang and stopped.

The impact of the accident was so sever that the entire front and left side portion
of the car were badly damaged. All the four occupants including the driver
sustained serious injuries to the extent that all became unconscious. All the four
labourers were also seriously injured and were bleeding profusely.

Some passerby (morning walkers) witnessed this accident who immediately

informed the police on 100 No. Fortunately, the PCR Van reached the spot within 5
minutes. They, with the help of the public, evacuated the passengers and arranged
to shift all the injured 8 persons to the nearby Govt. hospital.

During treatment in the hospital, two of the labourers succumbed to the injuries
while other two were continuing in serious condition. The Driver and the other
occupant of the left front seat got multiple injuries including head injury. Both the
occupants of the back seat got multiple fractures. All the four were removed to a
multispecialty private hospital. During the treatment at Govt. hospital, it was
established that all the four occupants of the car were under strong influence of
drugs/liquor.

The police authorities registered the case under various sections against the Driver
of the car and later on filed challan in the court against the Driver as well as the
owner of the car.

One of the surviving labourers lost his both the legs and the other lost right hand
and right eye. Moreover, the front seat occupant of the car, who got head injury,
went into coma and finally expired.

POINTS OF CONSIDERATION :

What are the aspects to be looks inot in relation to a motor policy in regard to:
- Vehicle, driver, passengers under the provisions of Motor Vehicle Act.
 EXERCISE ON MOTOR CLAIMS - 2

A morning walker while crossing the road was all of a sudden hit by a fast moving
vehicle. The person fell down on the road and became unconscious. The driver of
the vehicle did not stop the vehicle and ran away.. No one could note down the
registration no. of the vehicle.

While the injured was lying on the road and bleeding profusely, another vehicle
owner who happened to pass by removed him and got admitted in the nearby
hospital. Because of the head injury, the poor fellow sustained brain hammeurage
and finally died.

The accident was registered by the police authorities and tried their level best to
trace the vehicle and the driver but could not succeed.

Under the circumstances, how the legal heirs of the deceased can get the
compensation and from whom?