Motor accidents
sandeep
(Querist) 29 March 2013
This query is : Resolved
Que :yesterday night I was driving my bike at my way from Vasant kunj to lxmi ngr. My bike met with an accident.
I got injured and lost my conscious, my bike also get damaged. I was taken up to RML by PCR van.
At tuglakabad police station I lodged the FIR against the Driver who hit me.
Both of ours vehicles are now lying at that police station. Police has invoked the provisions of IPC 1860-Section 279/337 against that driver.
The driver is not available in police station as of now.But the vehicles are lying at the station
Can we, as a complainant against that driver ,claim any compensation for damages to my vehicle and lnjuries to my body.
Whether we have to go any court for claiming any compensation, in which court, and how much time this all process will take up.
During this process whether his vehicle still remains at police station or not.
sandeep kumar
delhi
9811578637
Advocate M.Bhadra
(Expert) 29 March 2013
The information has taken from www.drivespark.com
Procedure for claiming road accident compensation:--
An application claiming road accident compensation has to be made by the person who has sustained the injury or by the owner of the property which suffered damage or by the legal representative of the deceased or by an agent duly authorized by the injured person. The application has to be made before the Claims Tribunal and no civil court has the power to entertain any question relating to any claim for compensation. The claimant has to prove rash and negligent driving on the part of the respondent in order to be entitled for compensation. Instances of negligent driving where road accident compensation has been awarded:
If the victim was also negligent along with the respondent, then it is a case of contributory negligence. In such cases, the Tribunal will reduce the road accident compensation to such an extent as it seems just and equitable to it having regard to the “claim shared in the responsibility for the damages". Thus where a passenger in a bus was keeping his hand outside the window and the hand got injured because of the negligence of the driver the compensation entitled to the passenger will be reduced because the injury would not have occurred had he been careful in not putting his hands outside.
An application can be made to the tribunal under whose jurisdiction the claimant resides or carries on business or under whose jurisdiction the respondent resides or under whose jurisdiction the accident occurred. For example, where an accident occurs in Bangalore between a person residing in Delhi and a person residing in Bombay, an application can be made before the claims tribunal in Bangalore, or Delhi or Bombay.
As soon as information regarding an accident involving death or bodily injury is reported to the police station, the police officer is required to forward such report to the Claims Tribunal within 30 days and the Claims Tribunal considers such report as an application for compensation.
Sankaranarayanan
(Expert) 29 March 2013
Find local lawyer and initiate the action
prabhakar singh
(Expert) 29 March 2013
Yes! you can claim compensation for damages to your vehicle and injuries to your body not only against the driver but also against the owner and insurer of the vehicle.
The claim application shall be filled before the Motor Accident claim Tribunal who, unless independently formed by the state,are normally District Judges or Additional District judges of the civil court.
Time depends on the pendency of cases,2 years or even more.
Unless he seeks release of vehicle from court of Magistrate the vehicle would remain with police.
Raj Kumar Makkad
(Expert) 01 April 2013
Nothing to add more in the given replies.
