(Guest)

Queston on traffic laws

sir,
how does the traffic law work in this case.

if i get into an accident and if it is clearly not my fault and am not able to catch hold of the other person and say he just runs away, does noting down his plate number good enough to file a case and get my damage claimed with no charge on my side..will i be able to get the other person to court and make responsible for my costs...

how does it work.

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5 Replies

Manish Kumar Gupta (Deputy Legal Manager) 29 August 2013

Dear Sir,

In case of accident, you have to inform nearest police station about the accident with the information you have, for lodging the FIR (though it is difficult). Once the FIR is lodged the police will investigate that matter, and try to findout the person responsible for that.

Thereafter you only can file a MACT Claim for damage to you or your vehicle, making a party to the person driving the vehicle, owner of the vehicle, and the Insurance Company of the offending vehicle.

Thanks

(Guest)

sir,

why would you say filing FIR for traffic accident is not easily possible. what to do if police doesnt file a FIR..

also, who should i report first..is the traffic police or the regular police..

if traffic or regular police is not available around the area.what options do i have..

Manish Kumar Gupta (Deputy Legal Manager) 29 August 2013

Dear Sir,

I am just telling you about the pratical situation, that Generally in case of Minor Accident police doesn't lodge any FIR, and FIR is must for claiming compensation in MACT.

As per jurisdiction is concern, you needs to approch nearest police station to the location where you met with the accident.

You have to search out in which Police Station Juridiction the your accident location comes.

Thanks

kriti agrawal (self) 06 September 2013

COMPENSATION IN CASE OF HIT AND RUN MOTOR ACCIDENTS WHERE IDENTITY OF THE VEHICLES IS NOT TRACEABLE-SECTION 161

Where the identity of the vehicles is not traceable such cases are called hit and run cases. As the identity of the driver or owner is not traceable, fixed compensation is provided to the victims from the Solatium Fund created by the Government. It must therefore be shown that identity of the motor vehicle which caused the accident could not be traced or ascertained inspite of reasonable efforts, meaning thereby that the accident must be shown to have occurred on account of the victim being hit by some unidentified vehicle which hit him and ran away.

Under Section 161 of MV ACT the amount of compensation payable in respect of the death of any person resulting from a hit and run motor accident is a fixed sum of Rs. 25,000 and in respect of grevious hurt it is a fixed sum of Rs. 12,500.

Kriti