Please go under Sec.279 IPC to the criminal court.
Motobike hit my car from back and made damages upto 35k
One scooter guy coudnt put break at right time instead crashed into my car from back in the middle of the road damaging bumper, total glass , lights billed upto 35k . He himself admitted on the spot that it was his mistake and will try to pay whatever he can as he doesnt have money on the spot. I also left him taking his driving license copy and photos etc cause he was hurt a bit but purely cause of his mistake. Now the service center guys billing me 35k out of which only 20k is paid by insurance and balance i need to pay it seems. Now when i call that biker he says he doesnt have money and cant give and saying do whatever you can . So how do i recover my money from him quickly without a drag ? Please advise
Asked 3 years ago in Civil Law
9 Answers
Hello,
- Since you haven't registered any FIR as you let him go, you will find it difficult to recover it through a court of law or in Motor vehicle accident claim tribunal.
- Without dragging, if you want to make him pay, you need to get help from the cops. Provide them with his vehicle details and phone number and the could track him.
file police complaint against scooter driver for rash and negligent driving under section 279 , 337 , 338 of IPC
2) police would issue notice to driver to record his statement
3) if he pays with draw the complaint
In an accident if you would like to recover the amount, you should have given a police complaint against the person who caused the accident because it he gives a complaint agaisnt you for causing injuries to him due to this accident, you may end up in a criminal case besides you may have to run behind the MACT case also if he is filing a claim for compensation due to injuries sustained.
If you want to take legal action, you can either issue a legal notice or lodge ac complaint to the police, however st the end both would be not be very effective to recover your damages.
If you have any photo or video showing his scooter with its number plate at the accident site, you may prefer a police complaint.
Dear Sir/Ma'am
To our knowledge, you can try filing a complaint against him in the police station since you have some proof. Police will send the notice and handle the situation. Or else if the other person agrees, you have an option of negotiation. It is advisable to take action as soon as possible. Thank You.
If you could have done punch nama or investigation by police and registered FIR against him do you could have some proof against him.
Now whatever evidence you have on that basis you can raise complaint against him and demand remaining balance amount from him.
An Fir should be lodged immediately and file a case for damages against him in MACT.
- Legally without lodging an FIR /complaint against him , you cannot recover amount .
- Hence, firstly you should lodge a compliant against him for the said accident and offence.
- Further , if you dont want to drag him , then just send a legal notice for the recovery of the amount of repair with the compensation .
