Hello,
It's unfortunate that you have face this. However you can file a case both civil and criminal cases.
To get compensation you should file a case for negligence.
Regards
How can I get justice from Indian courts?
1. On Sunday, 21 April 2019 my family car (Vehicle-1) was parked on the road side approximately one meter away from the lane in front of our house along the state highway. 2. At about 12 noon, Mr. X rashly and negligently drove his car and collided heavily in the middle side of Vehicle-1 resulting huge financial loss and suffering to me. The total repair cost alone for Vehicle-1 was Rs. 1,08,702.00 (One Lakh Eight Thousand Seven Hundred Two), to envisage the intensity of the collision. It took 87 days to repair the vehicle. 3. The above accident took place due to the rash and negligent driving of Mr. X, and if he had driven his car with a little care the accident might not have been taken place. 4. I paid an amount of Rs. 10,000 from my pocket against deductibles in the amount of insurance claimed for my car (Vehicle-1 with comprehensive insurance policy). 5. I paid an amount of approximately Rs. 50,000 against taxi fare for our day-to-day travel requirements during 87 days while Vehicle-1 was kept in the garage for repair. 6. The unused insurance premium for 87 days for Vehicle-1 was Rs. 5,452. 7. My expenses calculated against the trouble of frequent follow up by visits and phone calls, to the police station, to the garage and to the insurance company for faster repair and delivery of the Vehicle-1 was around Rs. 10,000. 8. The cost of mental agony and inconvenience in hiring a taxi for my family’s travel requirements during the 87 days may be approximated to Rs. 25,000. 9. The premium paid by me during the 87 days to Vehicle-1’s financer was Rs. 49,300 10. Due to this major accident, the depreciation in value of Vehicle-1 was Rs. 1,20,000 (20% of IDV) for the two different shades of white colours (old and new) visible on my car. One of the doors was not replaced with 100% accuracy too. 11. Thus the entire loss incurred for me from this accident to my parked car was about Rs. 2,69,752. 12. As this incident was merely an accident according to law, the driver of Vehicle-2 had to pay some nominal fine of less than Rs. 2000 in the court! 13. I was just a victim who lost the amount due to an accident in which I was not at all involved. 14. My first question is, in the Indian legal system, is there any possibility of getting my damages of Rs. 2,69,752 paid by any of the parties involved in the accident. 15. And the second question is, can a criminal case be charged against the driver of Vehicle-2 in the incident? 16. Can I hit anyone’s car on the road merely for Rs. 2000 or less?
Asked 4 years ago in Property Law
Religion: Muslim
18 Answers
Ensure that proper narration of the incident is recorded in the FIR and original records of expenses are kept to substantiate the pecuniary losses,
2)The case should be filed in the motor accident tribunal against owner , driver of car with jurisdiction over the area where the accident occurred,"
3)For property damage, surveyor's report, original bills and motor vehicle inspection report are required to quantify the loss.
1. the police must had registered a case of section 279 IPC against the driver,
279. Rash driving or riding on a public way.—Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
in your case, the court held him guilty and sentenced with FINE only.
2. since you suffered losses due to his negligent act, you can file a claim against him to indemnify your losses
1. Notwithstanding the criminal case filed against him, the remedy to sue him in the civil court to recover damages with interest is available to you.
2. If the accident took place on 21.4.2019 then you should have sued him long back.
3. Serve him a lawyer's notice now to demand compensation for the loss, and if he does not agree to pay it, you may immediately sue him in the civil court.
Hi
File a suit for specific performance against the insurance company and the vehicle x driver for the claims you mentioned here.
Car workshop is liable to pay you the taxi fare if you car is at workshop for a long time.
Yes criminal proceedings will be 100% carried out against the offending driver. You didn't file policecase that time for rash and negligence driving???????
No, you don't have right to hit anyone with your car.
Hi, a criminal FIR would have been registered by you against the driver ..Also you can claim and seek damages by filing a civil case in the court ..
You can approach motor accident claim tribunal for getting compensation and damages. File a case against owner and driver of car. Meet a local lawyer and claims raised as per your query in your petition. The valuation report done by the authorized valuer can use as document in the case. Original bills and motor vehicle inspection report , other original bills are required to quantify the loss.
Once a criminal case was charged against the driver so it is not possible to charge him again due to Double jeopardy- an individual cannot be tried twice for the same crime.
Doing a crime intentionally and a crime happened accidently etc. are considered in different aspects. So never go for troubles.
1. Well since your vehicle was insured you don't have much remedy under any special law for this purpose.
2. However for the notional loss as you have mentioned you can file a civil suit for recovery of money.
3. In such suit if you could prove the damage caused to you or your vehicle then you can fet back the loss you have calculated.
Yes both criminal case abs civil case van be filed against the driver. All your losses above insurance covered wil be paid by the other driver. You can claim compensation through tortuous liability from civil court
You are absolutely right with the grievances that you have vented out here.
Your demand towards the recovery of various monetary losses you experienced is also justified through your expression.
But from whom are you going to recover this additional amount.
The insurance company will compensate only to the policy conditions.
There's no provisions in law to reimburse for other monetary loss quoted by you..
Whatever, you may consult a local lawyer and take steps to file a case based on any loophole.
The other party is legally bound to compensate all the damages and losses incurred due to such incidents. Only direct and indirect losses shall be taken into consideration not any remote losses.
Amount of compensation shall be determined by court. Insurance company are liable to reimburse the same subject max cap limit. The balance if any shall be paid by the concerned party.
Dear Sir,
There is clear case of negligent and rash driving and you may also file the criminal as well as compensation cases.
Rs 2000 is paid in criminal case where he confessed guilty. Accident case with no injury is minor offence.
To claim compensation and expenses incurred by you due to accident, you have to file case of motor accident claim.
As nobody was hurt the criminal case cannot be made out although the damages must've been paid by him. How can he get away with 2000/-? that is ridiculous! You must file a case against him in the MACT.
1. You should have lodged FiR against that person when the accident was happened.
2. It is a clear case for rash and negligent driving causing danger to life and property of others.
3. You can send him a legal notice for recovery of damages caused to your vehicle due to accident. If he refuse to pay damages then you can file suit for recovery of damages against accused.
you can approach the MACT and claim compensation from him and also you can claim and seek damages by filing a civil suit in jurisdiction court.
File complaint with the local police by giving the details / description as detailed above in chronological order.
You need to file supporting documents of bills / invoices / receipts in original to substantiate your claim / loss.
Further, you need to submit the insurance papers, invoices, bills, reports all in original and make a consolidated claim which can be included your mental agony / depression etc.
Response to your Q.No.14 - Yes, you will certainly get justice.
No.15. Yes, very much for rash and negligent driving
No.16. No. There is law which protect the vigilant and not the indolent.
As stated above, you have right to initiate proceedings against the Driver of Vehicle-2 and its owner before Motor Vehicles Accident Claims Tribunal using the above documents.
You will certainly get Justice.
- As per law, Owner of the offending car is liable to pay the compensation to the victim .
- Since, you have incurred heavy loss due to Mr X rash and negligent driving , hence you should file your complaint before the Motor accident claim tribunal , after enclosing the full receipts of loss incurred by you.
- The MACT court will award the said compensation , and the owner of the offending card will be directed to pay the same along with the insurance company , if offenders car was insured at the time of accident .
- Further , why you not lodge your complaint with the police on the date of accident , and if the police refuse to lodge the same , then you should forward your complaint with the higher police official .
- However, even now , you can file your complaint before the magistrate for the offence of rash and negligent driving of MR X .
