mact-no FIR

Dear Querist ,

I am limiting my comment to the procedure that is followed in Delhi. If any accident takes place in delhi the concerned police station has to submit an AIR i.e Accident Information Report to the concerned magistrate ( Ld. P.O M.A.C.T ) on the basis of which if no claim petition is filed by the injured party , the court may suo motu can start claim proceedings.

Now coming to the second aspect of query , a MACT proceedings is completely different from criminal proceedings and FIR is not a pre-requisite for filing a claim petition u/s 166 M.V Act. You just need to prove that accident took place by providing medical documents ( if MLC has been done , then attach the same with the claim petition ) and if death has been caused then death certificate.

Hence FIR is not mandatorily required to file a claim petition under M.V however it strengthens your case. It is not barred by limitation as well so go for the same.

With Warm Regards ,

Himanshu Harbola

A.C.S , B.A LL.B (Hons.)

Thanks Himanshu.

My state motor vehicle rules requires (don't know if it is a prerequisite) a FIR.

Wonder why the sc was insistent on FIR in above case? maybe bec. the boy was already removed when cops came at the accident spot (acc. scene panchanama)?

Has anyone any citation where a court held that a FIR is not a prerequisite for filing claim pet.?

Just file the claim petition in the court  ,let the opposite counsel prove to the court that FIR is rquired.....