You have one option against the accused person. You can approach the Motor Accidents Claims Tribunal for claim compensation. Medical expenses can also be claimed for treatment of the injury that was the cause of death.
MACT deals with matters related to compensation of motor accidents victims or their next of kin .The Tribunal deal with claims relating to loss of life/property and injury cases resulting from Motor Accidents. In case of death, the dependents of the deceased can claim compensation from insurance company on the basis of the income lost. Medical expenses can also be claimed for treatment of the injury that was the cause of death
Insurer is also a party to the Claims case. In Motor accident claim, if the vehicle is insured then the insurance company shall pay the claim amount. Section 146 of the Act makes it compulsory for the owner of the vehicle to get his vehicle insured against third party risk.
If the vehicle was not insured or the time for insurance is expired then only the driver will be liable to pay otherwise not.
But the government directly took criminal case against the accused (driver of the vehicle) . If the accused is convicted under the criminal case he will be sent to jail, you need not pay anything for keeping him under jail.
What all documents should accompany the petition?
1. Copy of the FIR registered in connection with said accident, if any.
2. Copy of the MLC/Post Mortem Report/Death Report as the case may be.
3. The documents of the identity of the claimants and of the deceased in a death case.
4. Original bills of expenses incurred on the treatment along with treatment record.
5. Documents of the educational qualifications of the deceased, if any.
6. Disability Certificate, if already obtained, in an injury case.
7. The proof of income of the deceased/injured.
8. Documents about the age of the victim.
9. The cover note of the third party insurance policy, if any.
10.An affidavit detailing the relationship of the claimants with the deceased.