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How can I claim compensation in case of accident
31-May-2023 (In Motor Accident Law)
I was hit by a truck today in my car. My car was standstill at signal and the truck came from behind. Hit severely twice. Car completely damaged. Two rickshaws damaged too. After that the truck driver tried to escape. The crowd stopped him. Launched fir with police. Minor injuries to me and fellow rikshaw drivers. Need legal help immediately.
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 truck owner and the truck 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.
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 truck owner and the truck 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.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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