quesHow to claim compensation in an accident caused by another person?

We met with an accident when a private traveler bus hit us from behind, when we stopped(not sudden brake or anything like that) in traffic due to vehicles coming in front of ours. The bus hit us very badly and we were crushed between bus and a lorry in front of us. Luckily, we escaped with minor injuries. 

 

The driver ran away after hitting us. How can I claim for compensation and for how much? What is the procedure and chances of getting justice for our damages and mental strain caused without any slightest mistake of ours.

  • ans 

    A motor accident has two facets, one is the commission of criminal offence and the other is the compensation claim.

     

    The person responsible for causing the accident by negligent driving is liable to be booked for criminal offence and thus, you can register a criminal case in the Local Police Station under Sections 279, 336, 337, 338 under the Indian Penal Code. The provision are as under:

     

    Section 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.”

     

    Section 336. Act endangering life or personal safety of others. “Whoever does any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to two hundred and fifty rupees, or with both.”

     

    Section 337. Causing hurt by act endangering life or personal safety of others. “Whoever causes hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.”

     

    Section 338. Causing grievous hurt by act endangering life or personal safety of others. “Whoever causes grievous hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.”

     

    To claim compensation you have to file a separate petition under Motor Vehicle Act in the Motor Accident Claim Tribunal.

     

    You will have to implease the private bus owner and the bus driver and if the bus had a third party insurance then you will have to implead the Insurance Company as one of the parties to the Compensation Application which is to be filed before the Motor Accident Claim Tribunal.

     

    Motor Accident Claim Tribunals in Delhi are located at three places namely Tis Hazari Courts, Patiala House Courts and Karkardooma Courts and Saket Courts. Cases are to be filed according to the Police Station in which the FIR of the Accident was registered and the respective Courts under whose jurisdiction the Police Station lies.

     

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Motor Accident Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
  • Related Articles

Consult best Motor Accident lawyers in India

Motor Accident Lawyers

Advocate R C Mahajan

  Paschim Vihar
 Experience: 22 years


Advocate Harish Malhotra

  District Court
 Experience: 18 years


Advocate Rajagopalan

  Banjara Hills
 Experience: 16 years


Advocate Deepak Pandey

  Patiala House Court
 Experience: 17 years


View all >>

How it Works

Know how LawRato makes legal easier and effortless

Ask a Free Question

Post a question and get free advice from multiple lawyers

Talk to a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly