MACT and IPC
Kumar Krishan Agarwal Advocate
(Querist) 21 October 2009
This query is : Resolved
Today a one bike rider just hit my 2 vehicle for the back of my vehicle onto this a unacceptable arguments was said by the offender. Although not any damage to occur to my vehicle but a disrespect was hurt to me and I noted the Number of vehicle and afterwards got the address of offender from the RTO office in local district.
Now I am planning to file two cases
1. MACT under S.166 but a problem is that my 2 vehicle was not insured under S.196.
WIll it create problem to get recovery of amount under Sec 184 MACT. without need of FIR. // matter of District judge jurisdiction
OR
In what sections of MACT I'll have to proceed for getting compensation for damage to 2vehicle (while not informing the accident by the offender under S.134 MACT.)
2. A Crl.case of S.279, S.323 and S.506 IPC direct complaint under Sec 190 CrPC. NO need of FIR // matter of C.J.M jurisdiction
Arul Kumar
(Expert) 22 October 2009
Mr. Agarwal,
You have created little confusion with your statement of facts.It is not sure whether your vehicle was damaged or not. If your vehile is not damaged, the question of compensation does not arise. Regarding disrespect words used by the biker, you can file a case under any of the section of IPC you have mentioned.
Raj Kumar Makkad
(Expert) 22 October 2009
Mr. Aggrawal! sorry to use some bitter words. I doubt whether you are an advocate and if it is true then whether you read law or not???????
FIR against accused is must, damage of either type suffered by the complainant is must before filing MACT petition.
If you feel defamed in public view malafidely then fist of all serve legal notice demanding therein apology within stipulated time in public vies failing which go to criminal court of your area, file complaint and persue it.
