I have a very sad experience of getting a raw deal in road accident. On 3rd June, 2013 at about 5 p.m., I was travelling along NH 5 within Bhubaneswar City in my Maruti car. While I had just gone past a road crossing after getting green signal, a heavy vehicle (tipper) loaded with sand came speedily from behind and hit my car on the right-rear side. Because of the impact, my vehicle turned 90 degrees and the tipper went on hitting all across the right side of my car as it moved away fro the road. The passers-by stopped the tipper and some also came to rescue me. One traffic constable also came to see as to what happened. Luckily I had very minor physical injury. Noticing the same the traffic costable left without bothering about the damage caused to my vehicle. I inform the PCR. Within next five minutes PCR van arrived and the police saw the damage caused to my vehicle by the tipper. They asked the tipper to have compromise with me ( they meant, the tipper owner settling the matter with me by paying for the damages). However, as the tipper was owned by a company engaged in the construction of the NH, the tipper driver and his helper contacted their company who, after knowing the heavy damage, were unwilling to have any compromise settlement. The company's MD told me over phone that their tipper is insured with Universal Sompo General Insurance Company and any claim against them will be settled by their insurers. He, even, informed the Insurance company about the accident immediately. The police asked us to go to the local police station with our vehicles. Although the right side of my vehicle was severly damaged still the car was functioning and I was able to drive and take the car to the police station. I lodged my FIR and the police let me go while detaining the other vehicle (tipper) for verification of papers which were not readily available with the driver. Two days latter when I went to the P.S. to collect copy of my FIR, they gave me the copy which stated an SDE No. (Station Diary Entry No.) but no FIR No. I also found that the police had released the accident making vehicle the same night. In the meantime, the tipper owner company sent me an SMS informing about their Insurance complaint No. and the Insurance policy No. of the vehicle for claiming the damages. I contacted the local claims office of the Insurance company and they asked me to obtain an estmate for the repair of the vehicle from a repurted garage. I obtained an estimate from the Maruti service center, which was approx. Rs.36,000/-. and submitted the same along with photographs of the damaged vehicle. I also submitted copies of my RC Book, my Insurance policy (it was TP) and my driving license. I was told that their valuer would come and assess the damages. But no body turned up even after repeatedly reminding the Insurance company's claims office and their H.O. through their toll-free No. The local claims Manager advised me to send a legal notice to the tipper owner and also the Insurance company. I followed his advice and sent Legal Notice to the onwer company and the Insurance Company on 3rd August 2013. But there is no response/reply till date.
On further enquiry with their Zonal Claims office, Kolkata, I am given to understand that they compensate for loss of third party life but do not pay compensation for third party vehicle damages. I am advised by my Advocate that I cannot go to the MACT as my FIR bears an SDE No. Only option left to me is to file a civil case in the court of law and it will involve more time and expenses. Do I have any other alternative, like approaching the ombdusman and or consumer court for justice? Or I have to keep quiet? The tipper owners are not cooperating. I have partially repaired my vehicle spending about Rs.27,000/-.
