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third party insurance claim

(Querist) 29 July 2008 This query is : Resolved 
hi i need some guidance from u all, in an accident no f.i.r is been registered by the partys since no injury happened and the offensive vehicle provided the copy of insurance policy to other party, but insurance company not setteled the matter and denied the claim, can this matter will be filed only on M.A.C.T court or can it be filed in consumer forum , since no F.I.R is there will the matter sustain in MACT court and the party if goes to consumer forum claim but he is not direct consumer but the offensive vehicle who provided the copy of insurance certificate is direct consumer of insurance company , but the owner of offensive vehicle is not turning up for any payment claim from his insurance company, kindly guide what to do?
ESTHERPRIYA (Expert) 29 July 2008
As soon as the accident occurs it is to be reported and a FIR copy from concerned police office, RTO report from Regional Transport Authority and detailed report and discharge summary from the COncerned Hospital has to be drawn and with the help of those evidences alone you can file a M.C.O.P.in MACT Court for an award and pay the required court fee.

Now in your case the claim cannot be sustainable as it has no legal basis because it is just a transfer mutually between parties.
Srinivas.B.S.S.T (Expert) 29 July 2008
No you can not appraoch consumer forum you can appraoch Lok adalat.
K.C.Suresh (Expert) 30 July 2008
Dear Satya,
It is not a mandatory thing to have an FIR for each accidents. FIR is a relaiable evidence for the occurance of the accident. The party either can report to the police station and make an entry in the General Diary(GD) or complain about the accident if there was any negilgence or rashness. If no negligence or rashness there is no need of an FIR because section 279 IPC may not attract. You can approach the MACT for any accident without FIR but the burdern is fully on you to prove the occurance of the accident to the satisfaction of the Tribunal.
advocate satya (Querist) 30 July 2008
i think mr. k.c suresh's reply is upto my satisfaction, can u guide me is this case can be brought before consumer forum or not i mean which is the best platform


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