Filed an FIR under Sec 279,how to claim compensation

898 votes

Dear Sir/ Ma'am,

Lodging a FIR doesn't entitle you to any compensation whatsoever. A FIR is for the purpose of initiating a criminal proceeding whereas if you want compensation, you have to file a Claim under the Motor Vehicles Act before the Civil Court of local jurisdiction.

Advocate Nitish Chaudhary LawRato

720 votes

You can claim compensation by filing claim before the Motor Accident Claims Tribunal. If you have suffered from permanent disablement, you should get a certificate from a practicing doctor who is eligible to give permanent disability certificate. File an application for compensation and by way of an interim order, MACT will direct the owner of the vehicle to pay Rs. 25000 to you. If the vehicle is insured, then that will be paid by the insurance company. Your application will be adjudicated by the Ld. MACT and then an appropriate amount of compensation, based on the percentage of permanent disability, medical expenses, treatment etc. will be directed to be paid by the Ld. MACT.
If there has been a damage to your property, you can claim that as well under the Application. However, if the damage has been caused to your own vehicle, then intimate your insurance company as well, so that your own damage liability can be apportioned or be paid to you by your insurance company.

LawRato LawRato

993 votes

ACTUALLY YOU DID NOT CLEAR ALL THE FACTS ABOUT ACCIDENT CAUSE OF INJURY. HOW MUCH YOU INJURED, WHICH VEHICLE YOU GOT ACCIDENT AND MORE DETAIL REQUIRE FOR GIVE YOU BETTER CONSULTANCY AND WHICH AREA ACCIDENT HAPPENED. BETTER YOU MAKE A CALL OR CONTACT WITH ME.

Advocate Dev Raj Sukhija LawRato

732 votes

Please state complete sections under which you have filed FIR as for claiming compensation either 337/338/304A are also added with section 279 IPC. after this police will file Detailed accident report in MACT court and you will be called to court for collecting your copy of said report

Advocate Devansh Aggarwal LawRato