How 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.

Answers (1)


227 votes

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.


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