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Advocate Shivchand Mishra (Lawyer)     14 February 2023

Mact mumbai

One of my friends brother has met with an accident in mumbai,
Situation is such that,
He does not holds a license and was riding a friends new bike at around 11.30pm to near his residence (he was driving to test, as his friend bought new bike. It was a casual test drive so he did not wear helmet). While he was driving, a drunk doctor's car with high speed suddenly came from wrong side of the road and hit his bike badly. Bike felt down and he suffered severe brain injury (Diffuse Axonal Injury).

He seems to have gained consciousness but, speaks anything (as if he lost his mental balance). Many neurologists have suggested that it will take around 6 months for the victim to recover completely and there will be some lifetime disability.


The doctor who did the accident said he will bear entire hospitalization charges and relying on his statement police did not register FIR against him. Now the hospital is forcing the victims family to take discharge. Since the entire treatement will take minimum 6 months and additionally there will be a life time disability.

In the given facts and circumstances, I have below doubts,
Can the victim approach Motor Accident Claim Tribunal (MACT) and claim compensation?
Do we have any advocate in mumbai doing MACT matter to take this case?


Learning

 1 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     14 February 2023

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.


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