On the night of 27 of January 2019, I was hit by a car from behind while I was on an Activa with my friend riding.Whosoever hit us ran away,and I lost consciousness as soon as I was hit. By Gods grace I am alive and the car driver and ran aways got recognised because his number plate got stuck on our scooty.I have been in the ICU and the SICU for over a month having suffered Epidural Haematoma in my skull of around 2.7 cm thickness and Acromioclavicular fracture on my left shoulder. My parents had brought me to kerala for my surgeries and further treatment. Now that I amable to walk and talk properly again I realized that an FIR was charged againt that person who hit us on the evry same night but no action has yet been taken, and this guy called my friends to tell tht he could pay about 60000 INR as compensation and not a penny more. After being discharged from the SICU this thought has been really troubling me that doesnt my life have any value..what if it was someone else(anybody poor) he had hit and had died. First of all his 60k comes nowhere near to what my dad had to spend to get me standing on my feet again and what troubles me is that person doesnt even care,he left me to die on that road and the value he puts for me is 60k INR.. Please somebody suggest me on how to approach this case..At the least I want this to be a lesson for him and people like him in our country.another fact that I havent told abt him is that my friends told me that they are pretty sure he was driving drunk that night.
1. Alongwith the Police Report & other related documentations (medical, earning loss, etc,,,,), File claim with your insurance company, for all the relevant expenditures incurred.
2. IF the insurance co. does not honor your Claim, THEN file grievance petition before the local Consumer Court, where you will surely get success.
Keep Smiling .... Hemant Agarwal
Sub-section
(6) of section 158 of the Motor accident Act provides:
"As soon as any information regarding any accident involving death or bodily injury
to any person is recorded or report under this section is completed by a police officer,
the officer-in-charge of the police station shall forward a copy of the same within
thirty days from the date of recording of information or, as the case may be, on
completion of such report to the Claims Tribunal having jurisdiction and a copy
thereof to the concerned insurer, and where a copy is made available to the owner, he
shall also within thirty days of receipt of such report, forward the same to such
Claims Tribunal and insurer".
2) Sub-section (4) of Section 166 of the Act reads thus:- "The Claims Tribunal shall treat any report of
accidents forwarded to it under sub-section (6) of section 158 as an application for compensation
under this Act".
3) The Tribunal shall take an active role in deciding and expeditious
disposal of the applications for compensation and make effective use of Section 165 of the Evidence
Act, 1872, to determine the just compensation.
4) claim has to be filed in motor accident tribunal to claim compensation
1) You file hit and run case against him and charge accordingly like Salman Khan's case.
First of all lodge a petition through local advocate in motor vehicle accident claims tribunal and claim compensation for your bills, expenditure along with other damages if the car owner has no insurance court will order him to pay the amount if he has insurance at time of accident insurance company will pay you compensation. Secondly criminal complaint which is lodged against him you will be required to give your evidence.
Sir,please file a claim immediately under MV ACT before the competent authority.
You can Filed Claim in Motor Accident Claim Tribunal. There is 1% Court Fees. You need to file Case Against Owner of Vehicle and Insurer of Vehicle.
Dear Client,
First of all , file FIR without delay, Without filling FIR, you will get nothing. Delay in filling FIR is fatal. If he is caught in another offense also same night, that date medical report and vehicle report will be in police record in which FIR has filed.
Than you can file motor accident claim, in which you will be compensated with absolute medical expanses, + future medical expanses with compensation on other heads and if any disability incurred than payments towards that also along with loss of present and future earning.
contact a lawyer where the accident happened and he will file a case against him. The MACT will give you adequate compensation keeping in mind the injury caused the amount spent and other financial losses due to inability to work.
Regards
See approach the motor accident claim tribunal and file motor accident claim under motor vehicle act seek compensation along with the hospital expenses from the person who hit you.
Further the police in the matter has to file chargesheet and you can record your statement before police before chargesheet and after chargesheet you need to record evidence before the court. The person shall be prosecuted.
You can file a compensation claim case before MACT in your place against the owner and driver of the vehicle and also against the insurance company if insurance was in force at the time of accident.
You can settle the matter for immediate compensation from the offender. Or you need to file for the same before the MACT court. You can also approach civil court for damages.
Kindly show the courtesy of reading my matter rather jumping to wateva u people want to say.
A few people have told me that the courts would take around one to two years to get me compensated for my expenditures. But sir/mam i am medical student in my internship and was planning to leave the country this year for my post graduation, but now we hav postponed the dates because of the surgeries.so neither do i have the time nor the space for a lengthy fight in the court.
1)Now could u people be more precise on what should i be doing sir/mam,do i have to proceed in this as a criminal case, if so how and where..because I dont think even after the FIR been registered on The same day of the accident, the police has proceeded in any way because I haven’t received any calls from either the court or the police..except the man who hits me with his dialogues “thode bohat rakh le case mat kariyo”
2)And abt the compensation should I take it from him or not.if yes shud I be pricing the compensation or take what he is willing to give.
I dont want to scare that guy but I want what is rightfully mine.
Sir/Mam I have had a head injury so atleast ur Sections and Rules are not helping me but increasing my head pain.{because someone among you asked me to keep smiling to him- sir I cant smile it hurts}So please kindly reply in a easier way.
Or shud I be verbally talking to u people instead of being here..Bcz I have booked a flight back to bhopal in a week or two.. so i want to b clear before I reach there.
I hope someone among you understands.
Thanking You in advance(hopefully)1) disposal of criminal cases , claim before motor accident tribunal depends upon pendency of cases in trial court
2) it is doubtful that claim for compensation would be disposed of in 2 years time
3) if FIR is registered police would carry on investigations and filecharge sheet
4) amicable settlement is best option
5) better take compensation offered by accused if it is reasonable
6) if you want to travel then settle with accused rather than wasting time and money in litigation for claiming compensation
.1. see if FIR is already registered you can pursue the case , you need to check the status of the case of the chargesheet is filed or not. Further at stage of evidence you need present before court to record the examination in chief.
2. See you talk to him if he is paying appropriate amount then you can accept same if not then a.motor accident claim has to be filed and you need to seek.damages from him.
1. INSTEAD of being "sarcastic", try to introspect that the Law /Courts /Police will not work, as per your desires, whims & fancies, just because you have no time or you have to leave the country or you have to go to Bhopal /wherever or you have trouble smiling or you have suddenly become sentimental towards your own needs & desires.
TIPS: Try to SMILE, it helps in reducing all sufferings & pain.
Keep Smiling .... Hemant Agarwal
Sir, Law will take its own course it will not be flexible as per your probabilities. We are here to give advice as per Provisions of law.
1. The criminal case will not provide you the compensation. The criminal case will take its own time to gt disposed.
In criminal case if the accused is found guilty of the crime he will be punished, however this will not fetch you any compensation in any manner.
For insurance claim or compensation you have to depend on the outcome of the MACT case only.
Your commitments at abroad for studies are not grounds for an expeditious disposal of the MACT case, you may have to bear with the court procedures.
2. The compensation what he proposes to give will be a very paltry amount which may not come even nearer to the expenses what you incurred post accident.
Hence better follow up the compensation case through MACT only if you want to be properly compensated