motor accident claim tribunal
ankit gupta
(Querist) 03 September 2008
This query is : Resolved
problem:- a car hit a wrongly driven scootor (carrying 3 person drunk), after that somebody calls the cop.the injured are admitted to the hospital by the cop.
the I.O. even after 4 days if the accident does not registers any FIR and has impounded the impugned car.on asking to him he conveys to the owner of the car that two of the person are normal and deny to take any legal action but on the other hand one person among the three is still in the hospital so he(I.O) is waiting for him.
if i am the car owner what actions can i take against the I.O.,what are the legal provisions regarding the same as he is not registering the case nor is ready to compromise.
also tell what practically canbe done in this kind of situation ,say shall we wait or should we adopt any other remedy.
regards
ankit gupta
ESTHERPRIYA
(Expert) 04 September 2008
Dear Sir,
In case of accident you are supposed to register a complaint, FIR and get the receipt of the same. If in case the person hospitalised goes to comma his representative can use the FIR and can claim before the MACT for a reasonable compensation.
Now you have to act quickly and approach the senior official of the IO and get the FIR registered. The IO are nowadays very eager to give the MCOP cases to their known advocates by handing FIR to them as it is the basic document for the claim and get a good compensation from that advocate. Act fairly and legally.
K.C.Suresh
(Expert) 05 September 2008
Impounding a car without any reasons is illegal. So you can file a complaint to the concerned court stating all the facts get the car released afetr an inspection by Motor Vehicle inspector. get a direction to that effect from the court. When things goes to that level your IO will come to a legal equilibrium. OR
You can approach the higher officials of the peofficer who impounded the vehicle and made a complaint.
