Accident

File your claim with jurisdictional Motor Accident Claims Tribunal against damage to property through a local prudent lawyer.

Without an FIR, no insurance company will entertain your claim and without informing a cop, no FIR will be issued. Therefore, you must obtain your FIR copy at the earliest. Absence of vital information Usually after an accident, most people are busy getting the details such as driver's name, his license, etc.

First FIR needs to be registered if they refuse write an application to SHO that FIR is not being registered later on you can approach the Magistrate.

Because matter regarding compensation is filed in MACT and FIR will be registered against truck Driver under sec 279 ipc

Dear Sarita,

Under section 279 of the Indian penal code, if a vehicle owner drives a motor vehicle in a reckless or negligent manner that may cause injury to another person or endangers human life, such rash and negligent driving behaviour is deemed an offence. The driver is obligated to pay the penalty and shall be penalised for driving carelessly, according to Section 279 IPC of the MV Act.

For rash and negligent driving, a violation of section 279 IPC carries a penalty of Rs 1000 as well as the possibility of imprisonment for up to 6 months. In some instances, a person may face both the penalty and the possibility of jail. The severity of the incident and the type of infraction determine the severity of the penalty for rash driving in India.

Therefore you can file the FIR under these provisions. 

Regards,

Aryan Raj 

Get FIR registered u/s 279 / 427 IPC and lodge your claim before MACT.

Dear Sarita,

Since you mentioned that police isn't lodging the FIR, you can also file an application under section 156(3). If an application is submitted with the Magistrate, the Magistrate can order the FIR to be registered as well as a proper investigation if the aggrieved party claims that no proper investigation was conducted.

Regards,

Aryan Raj 

Also you can refer to Section 154(3) in The Code Of Criminal Procedure, 1973-

If the police station officer refuses to record the information referred to in subsection (1) of section 154 may send the substance of that information, in writing and by post, to the Superintendent of Police concerned, who, if satisfied that the information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate.

You can reach out to the Superintendent of Police for help according to this provision.

Regards,

Aryan Raj 

You are most welcome.

There are certain advocates which mostly deal with such Motor accident cases alone, it is seconds job to get it done through them.

@ Sh. G L N Prasad,

Are you sure about your comments wherein you have stated, inter alia, that, ".....it is seconds job to get it done through them......."
 

Yes, even with just a call to the police as FIR is a Public record.  There are many 'touts' in the accidental business and for poor and illiterate persons that are not aware of such claims and even hit and run cases without a clue on such vehicle details, they undertake the tasks right from filing a complaint to the settlement of insurance claim, after taking a POA from the dependants/ victims.  They make a bargain pay a certain amount, get the account opened with a bank of their choice, obtain signed cheque leaves or ATM cards with such PIN for taking the ultimate sum from the settled claims.  This sum ultimately maybe twice or thrice more than the actual amount paid to the victim.  Do not question me whether it is ethical or not, but poor and illiterate persons have no alternative and keep margins on such expenses involved in managing things, they maintain working relationships with all persons involved, they run their profession or business.