I was Honda Unicorn bike, returning from Kalyan at around 12.30 am on April 9th 2018. As it was night time, I was at a speed of 20-30 kmph driving on the extreme left side of the road. A drivier of shift Dzire losing his control on his vehicle banged me from behind on the left side of my bile, going ahead tilting his vehicle on the pile of construction debris and topling 2-3 times and then stopping upside down. I wasnt able to stand up, understanding that I have a major injury in my leg. My bike also suffered major damage duw to this accident. Drivers friends in another came over and took him to a hospital, however I had to call my friends to take me to a hospital. Drivers friend called my friend, requesting not to file a case or complaint with police as they will compensate me for my medical treatment, but he came to the the hospital. I had to take dischare due to financial inefficiency and come back home. I am fighting my case of illegal termination against my employer (where I was drawing 6 lakhs CTC) in Thane Labour court and also persuing 3 yr. LLB, and due to this accident, I wont be able to attend my LLB semester exams and loose my acedemic year and delayed my case in the court too. On the basis of my statement to police, policew have booked the driver under IPC sections of 279, 337 and 338. The Driver was arrested and released on bail. He has a family to take care, but I stay alone and my parents who are aged have to take care of me. RTO survey has been done of both the vehicles. The repair of my vehicle is costing me 22500.00 before insurance. The Driver of the Shift Dzire car didnt had a Insurance. Who will compensate me for my all current and futrure Medical expenses, financial and acedemic losses, expense for repairing my vehicle and the pain I am going through on a daily basis. What is the approximate duration it takes to have this kind of issues resolved in the court.
After being taken to the hospital and innitial checkup with X-ray reports, Dr diagonised a bone broken in my left leg which needed immediate treatment.
1) you have to file claim before motor accident tribunal against the car owner of D zire car and his driver
2) you have to claim compensation for medical expenses , financial losses. repair of vehicle etc
3) disposal of case would depend upon pendency of cases in MACT
you are entitled to compensation from owner of vehicle
since he does not have third party insurance he will have to pay you compensation awarded by the Tribunal
You have to file a motor accident claim in the MACT tribunal.demanding compensation for all.the loss right from medical ,health,. Vehicle and other difficulties caused.
The court now days are disposing these cases fast but than also it will depend on the pendency of the cases in that particular jurisdictional court.
Also you can get treatment and bills can be attached with the compensation claim.
Also it shall be against the driver of the vehicle.lf swift also his car is not insured so he shall pay.all.the compensation.amount
Further it is also offence under section 196 to drive without insurance and fine.
So file your claim under section 165bmotor vehicle act for compensation and recieve all the cost incurred.
You should file a case before the motor accident claim Tribunal for the compensation. Generally every social division has MACT Tribunal headed by additional session judges generally a petition under MACT takes more than one year to decide because Court cannot proceed further without having a survey report conducted by the investigating officer. If in your case survey report has conducted and prepared then court will decide your case within 1 year
Dear Client,
You should have file motor accident claim u/s140 and 166 of Motor Vehicle Accident Act.
Making party last insurance company, owner and driver.
In such cases, insurance company compensates but here no insurance so, manage/request court to order pay and recover order.
Company will pay each and every head of loss, medical, future expanses, bike damage if not claim from insurance, disability etc and than recover from owner. Usual approach in court in case of no insurance.
Or talk to car owner if is ready to settle out of court as accident claim will put him under financial burden and criminal case too under IPC section 279, 337 and 338.
This is what you should have done:
1. A case is registered by the local police on complaining or either they will take cognizance on their own. (Registration of F.I.R). For this-
2. One should take pictures of the accident scene or even a video for use as evidence later on. Even just a passer-by can do this and provide the photos or videos to police for support in investigation and delivery of justice.
3. After this, police has to register FIR, investigate and then charge-sheet the accused. After this, the judicial mechanism will set itself into motion.
4. Legal intricacies involving demand of proper compensation to be put forward before MACT tribunal.
Now before the MACT this will be your proposition:
1. The driving of an uninsured Motor Vehicles is an offense, requiring punishment for 3 months Or fine of one thousand Rupees under Section 196 of the act.
2. You can claim maximum damages because you have suffered disablement;
3. You can also say best years of your life have been taken away from you because of this accident;
4. You can also rely on landmark cases, which say that even if uninsured driver, the driver has to bear the costs for your treatment or reimburse you for the same;
5. The Tribunal will hold the First owner jointly and severally liable together with the driver of the vehicle;
6. The principle of vicarious liability applies to your case.
1. Your Insurance Policy should cover payment of Physical & other Medical bills, as well as all the damages to your vehicle.
2. For other losses you will need to file civil suit against the opposite party with proper documentary evidences.
Keep Smiling .... Hemant Agarwal
Dear,
i can understand your pain, first of file a case at mact court against the owner.
and file police complaint also in local police station, where accident has happened.
survey of your vehicle done, now present this copy in your insurance company.
In case the car was not issued all the liability arise due to this accident lies on the owner of the vehicle the punishment and fine under these sections are very minimal and needs lot of justification to plead guilty it depends on the police report in regards to the accident
Besides criminal case the driver who has done this accident has to face the motor accident claim case also.
If there insurance is not in force at the time of accident, then the owner of the vehicle along with the driver have to pay the compensation amount granted by court.
No doubt it will take few years to get disposed.
After being taken to the hospital and innitial checkup with X-ray reports, Dr diagonised a bone broken in my left leg which needed immediate treatment.
The medical expenses also can be reimbursed by producing the medical documents and bills.
It will take many years to complete the criminal case. However if matter is settled the case can be finished soon by both the parties.
These kind of cases usually takes a lot of time, it is better you speak to the authorities and finish it at the earliest or trial will take years
