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Accident Claim Disputes

Advocate Gagandeep Bhateja is an experienced lawyer specializing in accident claim disputes. Whether you've been involved in a car, bike, or workplace accident, he provides expert legal advice to help you secure the compensation you deserve. From dealing with insurance companies to handling court proceedings, he ensures your case is managed efficiently. Gagandeep Bhateja works diligently to protect your rights and fight for a fair settlement. If you're facing an accident claim dispute, contact him for professional, reliable legal support to get the compensation you’re entitled to.

To prove a motor accident claim case, the claimant must establish their case on the basis of the preponderance of probabilities, not proof beyond reasonable doubt. This means that the claimant must establish their case based on the likelihood of events, rather than proving their case beyond a reasonable doubt.

Here are some other things to consider when making a motor accident claim:

  • • The final report of the criminal investigation into the accident does not affect the claim petition. The claim petition should be considered on its own merits.
  • • The courts should not focus on finding fault with the non-examination of some of the best eyewitnesses.
  • • The Tribunal should consider the circumstances reasonably to infer culpability.
  • • The Tribunal can award compensation that is higher than what was requested if it deems it just and fit.

Notwithstanding anything contained in this Act or in any other law for the time being in force or instrument having the force of law, the owner of the motor vehicle or the authorised insurer shall be liable to pay in the case of death or grievous hurt due to any accident arising out of the use of motor vehicle,

In India, the following people may be entitled to compensation for a motor vehicle accident:

  • • Legal heirs: The legal heirs of the victim are entitled to compensation in case of death or grievous hurt.
  • • Parents: The parents of the deceased may be entitled to compensation for the loss of their child's love, affection, care, and companionship.
  • • Children: The children of the accident victim may be entitled to compensation.
  • • Spouse: The spouse of the accident victim may be entitled to compensation.

The Motor Vehicles Act, 1988 regulates motor vehicles in India.

Here are some steps you can take to file a motor accident claim:

  • 1. File a First Information Report (FIR).
  • 2. Document the accident.
  • 3. Report the accident to the insurance company.
  • 4. File a claim.
  • 5. Understand your motor insurance coverage.
  • 6. Complete the survey and assessment.

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