motor vehcles act

BANANI SIKDAR (Querist) 24 December 2008 This query is : Resolved
My car was hit by another car from the back side. The insurance company has paid part of the damages incured.Their contention is that as per the calculation they are liable to pay only to the limited amount of the total damaged incured. My query is that can I claim the remaing part from the owner of the car who have hit my car against whom an FIR is already filed.If so under which provisions and what are the other alternative remidies to indemnify the part of losses which has not been paid by my insurance company.

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ESTHERPRIYA (Expert) 24 December 2008
No you can claim only against the insurance company by whom the car is insured is the basic law, though FIR is a proof to show that the car has committed accident. Hence you have to claim against the insurance company alone. If you have not received the amount appropriately then you can file a claim petition in MACT to get back the remaining amount.

J K Agrawal (Expert) 25 December 2008
You can file a complaint before Motor Vehicle Accident Claims Tribunal under section 166 of M V Act and you shall be provided balance actual damages.