i dont know the sections etc very well.
But, if the victim is involved in a road accident and if the person has not got a compensation, he can file a claim with the insurance company first.
This insurance company either could be of a vehicle which he/she was driving or he/she was traveling; or it could be the vehicle with whom he/she had an accident (third-party).
But he/she must satisfy the requirments of the insurance company. example: if a person while driving a motorcycle and met with an accident must have a valid and effective DL, valid registration papers, valid insurance policy. Also FIR, police report and MLC report from hospital indicating the details of accident are required.
If the above documents are not avaialble, insurance company will not entertain any claim and you need to go to MACT. There is a high probability that MACT will dismiss the claim if the vehicle papers are not in-order or if FIR, chare-sheets are fabriated by police; no matter what what happened in the criminal case.
MACT eill evaluate the negligence separately. It is well settled law that judgement in criminal cases have no influence on civil matter. In India most of the motor vehicle criminal cases are closed very fast due to fear of police or impriosonment etc. Any common person involved in the accident for whatever reason agrees to pay the fine and come out of criminal court.
