Filing of mac suit without fir
Saurabh Pathak
(Querist) 04 October 2014
This query is : Resolved
Mr. X had met with an accident about 2 month ago and got some minor external injuries so no FIR had been registered for the same.But, after careful diagnostics, severe internal injuries were discovered and till now he is under medical treatment.Please suggest if MAC suit can be filed without having registered FIR.
N.K.Assumi
(Expert) 05 October 2014
It is the duty of every police officer to registered and send every Motor vehicle accident Information report to the Tribunal (AIR)as per the Supreme Court Judgment and its direction to all the States and UT. Yes, even without FIR MAC can be filed, if there was accident out of the use of Motor Vehicle.
Dr J C Vashista
(Expert) 06 October 2014
1. Can you prove that the injury was caused due to accident by motor vehicle?
2. Do you have all documents/details of offending vehicle?
3. Whether the driver and owner of offending vehicle and the doctor attending the injured shall depose to get the claim admitted?
4. Do you have any eye-witness to corrobrate your allegation of the injured met with the accident at so and so place at so and so time etc.?
5. Can you ignore the fact that every accidental occurances in the area are required to be reported to highest up in the hierarchy of police administration>
6. Are you aware of the fact that the doctor cannot treat an injured without prior intimation to local police?
If you have affiirmative answer, proceed.
J K Agrawal
(Expert) 07 October 2014
You can file a MAC case without an FIR. The FIR is only one of the evidence to prove the case. If you can prove accident otherwise as stated above, you can get success. The mandate of filing FIR or Mandate upon a doctor to inform about a Medico Legal case can be once fore gone but still you should have prove other things well.
T. Kalaiselvan, Advocate
(Expert) 09 October 2014
Well advised by above expert, you may proceed based on Mr. Agarwal's opinion.
Akhil Dave
(Expert) 09 October 2014
Well advised by above expert.
Saurabh Pathak
(Querist) 12 October 2014
Thanks for valuable Support, Experts!
Yes, I have some eyewitness and other documentary evidences to prove accident. Keeping your valuable advice in mind, I'll file the MAC suit.
