MACT CLAIM
Ashok Kumar Adhikary
(Querist) 24 April 2011
This query is : Resolved
My father at the age of 61 years met with a road accident with a motorbike on a state high way dt 25.12.2010. The rider was tried to escape but eye witnessed people held him at that place. On hospitalisation my father passed away on 27.12.2010 due to head injury post mortem report revealed.
FIR lodged with VISHAKHAPATAM TRAFFIC POLICE(Andhra Pradesh) in the hospital's jurisdiction. Informed to local police over phone (UMERKOTE,Orissa), We did not lodged any written complaint to local police.Now,can we claim under MACT ? If yes then what is the procedure ? The rider of the said motorbike does not have a valid licence and insurance policy.
M.Sheik Mohammed Ali
(Expert) 24 April 2011
dont worry, now a day law give free, you can any time file in FIR along with certificate and claim insurance also,
Parveen Kr. Aggarwal
(Expert) 24 April 2011
For filing a motor accidents claim petition, it is not the requirement of law that FIR regarding the accident must be registered. Even if no FIR is registered but you successfully prove the accident, you may succeed in such a claim petition. Also, no limitation period within which such a claim petition is to be filed, is not prescribed under the Motor Vehicles Act, 1988. You can file the claim petition. If the rider of the motor-cycle does not hold a valid driving licence and the vehicle is not insured, the effect thereof would be that the owner of the vehicle and the person driving vehicle at the time of accident would be liable for making payment of the amount of compensation.
Guest
(Expert) 24 April 2011
yes i agree with mr. PK Aggrawal as he has detailed the whole suggestion in this regard.
Guest
(Expert) 30 April 2011
You can claim the compensation.
Govind
(Expert) 30 April 2011
yes i agree with mr. PK Aggrawal.
Govind
(Expert) 30 April 2011
And for your kind information, if the rider have no valid insurance and also have no valid license then you can claim compensation from the owner of the vehicle. And when court order the compensation then the owner of vehicle paid that personally.
