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Motor vehicle act

(Querist) 26 November 2012 This query is : Resolved 
Dear Sir , I met with an accident 6 months before.I was seriously injured.My elder son is not able to go to police station as he is suffering from spinal cord injury.I could not register FIR.Can I register it now? Can I get compensation from the Insurance company? If the police deny to register FIR can I get compensation by filing a case without FIR? Please guide me with relevant decisions.
Thanks and regards.
Janmejaya Senapati.
Bhawani Mahapatra (Expert) 26 November 2012
Dear Mr. Senapati
There is no time bar to lodge FIR at the police station, and as stated above, if the accident is a serious one, police should have a station dairy also. You cannot file suit for compensation without a police report, hence lodging FIR is mandatory. If police denies, then file a complain case at the nearest magistrate court seeking a direction to get the case registered.
Sudhir Kumar, Advocate (Expert) 26 November 2012
Agreed with Mr Mahapartra, I will add that If you were seriously injured would have been hospitalised and if requesting the police would have come then and there.
V R SHROFF (Expert) 26 November 2012
u file FIR,
THEN FILE MACT COURT CLAIM to compensate u.
Janmejaya Senapati (Querist) 29 November 2012
Dear Sirs,
Thanks a billion for these precious suggestios.
regards ,
Janmejaya Senapati.


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