Motor accident case against filled U/S 43-279, 43-337,43-338,184
I had an accident on 23rd October 2016 at 15:30 hrs and i have filled an FIR on 05th Nov 2016 under section 43-279, 43-337,43-338,184,128,177 of motor act. I was coming from my relatives home to back to my home and while coming back suddenly 3 persons riding on motorcycle came to the main road from left side of the road (kaccha road) and we had a collision and we fell down on the left side. My son got injured and he had a fracture on left leg tigh and my wife and i have minor injuries. Hence i have logged a compliant in Police station. How to register a complaint for compensation of hospital bills and medical treatment i had an expense of approximately Rs.1.2 Lakh.
Asked in Civil Law from Pune, Maharashtra
1) an application for compensation arising out of an accident under Section 166 of Motor Vehicles Act, 1988 may be made:-By the person who has sustained the injury,
2) Every application for compensation arising out of an accident involving death or bodily injury shall be made, at the option of the claimant:
Either to the Claims Tribunal having jurisdiction over the area in which the accident occurred, or
To the claims tribunal within the local limits of whose jurisdiction the defendant resides sand shall be, in such form and contain such particulars as may be prescribed.
3) The application for compensation must be made within six months of the occurrence of the accident. The claims Tribunal may however, entertain the application after the expiry of the said period of six months, but not late than twelve months, if it is satisfied that the application was prevented by sufficient cause from making the application in time.
You have medical insurance then you are entitled to get reimbursement for the same. If the medical insurance company refuses to pay then you can file case for the same in consumer forum.
However if you have no medical insurance policy then you can file case for compensation in Motor Accident Claim Tribunal to get compensation for the disability you suffered out of this accident against the insurance company to which the offending motor vehicle was insured to.
You can file a claim petition in the Motor Accidents Claim Tribunal to claim compensation for the harm caused to you as a consequence of the accident. You will require the name and address of the owner of the vehicle to file the case and enable the court to serve summons to him. You can recover the expenses incurred and also compensation from the owner of accident causing vehicle.
Thanks for your responses.
1) I don't have a medical insurance for my son who had maximum injuries in this accident.
2) Do I need to file a compensation claim case in Police station where I have filled FIR or do I need to consult to my advocate for to file compensation case in court?
3) I know the vehicle no. and Name of driver who was driving the bike with whom accident occurred but I don't know the complete address to send the sumo.
4) As I have filled the FIR so I have to appoint an Lawyer to defend my case or I will get govt. Lawyer for the above case and compensation?
Asked 6 months ago
1) you need to file compensation case in motor accidents tribunal
2) you dont need to file compensation case in police station
3)police will help you in finding complete address of the owner of vehicle
4) for FIR filed by you under section 279, 337 ,338 of IPC public prosecutor would be appearing on behalf of the state