MOTOR ACCIDENT CLAIM
vinod bansal
(Querist) 03 May 2009
This query is : Resolved
R/All
My friend met with an accident & a DDR was recorded by the police in which no. of vehicle was not mentioned by my friend,my friend wants to file a claim petition under no fault liability under section 163-A of MV Act but offending vehicle no. is missing in Police Report,my friend did not lodged/got registered FIR against any person bcoz accident was happened all of a sudden & nobody was responsible for the accident,Plz help
Swami Sadashiva Brahmendra Sar
(Expert) 04 May 2009
.s 163-A is not applicable to your case.you should file a petition under the provision for hit and run cases in which a fixed amount is awarded.
J K Agrawal
(Expert) 04 May 2009
If an accident occurs while using a motor vehicle one can file a claim (it does matter that it was one on which you yourself were riding or it is others). If there is no bodies negligence you can claim under s 140 if there is any bodys fault you can claim under s 140 and as well as under 166 of m v act. If it is not possible to prove a fault but you want claim without proof of so you can file claim u/S 163 A. so you can file claim against the insurer only (or against owner also)of the vehicle you were driving at the time of accident. If you were not on a vehicle and a vehicle run away be hitting you, claim is possible under s 161 of M V Act.
adv. rajeev ( rajoo )
(Expert) 05 May 2009
U cannot file a petition without the person against whom u r claiming. U have to file a petition before the assistant commissioner( in our state Karnataka it is the procedure) as hit and run case.
