Cctv footage as an evidence in car accident case
Ram Sowrya
(Querist) 04 April 2013
This query is : Resolved
Facts:
A car was stopped with family members at the toll gate on the National Highway to pay toll gate fee .
A Transport Vehicle came and hit the car.
No one got injured but the car got damaged.
Transport Vehicle did not stop despite the security officers tried to..
This was recorded in the CCTV camera on the Toll Gate Highway
The car was sent to garage for repair and got it repaired.
This was 45 days back.
Query:
No with the help of the cctv footage can we file a case against for damages caused by the Transport Vehicle.
ajay sethi
(Expert) 04 April 2013
you must have claimed insurance ?
Ram Sowrya
(Querist) 04 April 2013
Sir,
thanks for your replies.
@ ajay sethi sir,
this is not regarding insurance claim.
for negligence against driver of transport vehicle.
ajay sethi
(Expert) 04 April 2013
if you have claimed insurance you have already recovered from insurance company damages caused to your car . unde the ciorcumstances i advised not to file claim for damages against driver .
suit for damages takes 20 years in mumbai for final disposal
V R SHROFF
(Expert) 04 April 2013
Your Insurance co will re-imburse you for damages..They do not need other details if not avlb
I wonder how transport vehicle ran away, when you must have been before it in queue??
no photo no number?? c mobile phone.
Devajyoti Barman
(Expert) 04 April 2013
If not then file complaint in consumer forum.
Ram Sowrya
(Querist) 04 April 2013
@ Devajyoti Barman Sir,
you mean NHAI/Toll gate as an opposite party
@others
it is a 9 years old
Raj Kumar Makkad
(Expert) 04 April 2013
Had you lodged FIR against the driver of the offending vehicle then definitely you might have filed a Motor Accidents Claim against the driver, owner and insurance company of the offending vehicle which was not done by you and instead of that have recovered the damages from your own insurance company so the earlier chapter ends and you cannot recover as desired.
Sudhir Kumar, Advocate
(Expert) 04 April 2013
it is admissible eivdence. You have been advised by Mr Sethi, Mr Prabhakar Singh and Mr Makkar. Go ahead if still you want.
Ram Sowrya
(Querist) 04 April 2013
@raj kumar makkad sir,
sorry, the car is 9 yrs old?
Complaint given to Police.
The Police did not lodge any FIR.
No damages recovered form the insurance company.
As no option left out CAR got repaired from own expenses.
Devajyoti Barman
(Expert) 04 April 2013
file complait before consumer forum as i advised earlier.
ajay sethi
(Expert) 05 April 2013
why did you not lodge claim with insurance company?you oculd have recovered damages suffered . now move consumer forum for necessary reliefs
