Accident Case- IPC Section 337

My driver was driving a car towards chennai with 3 people (aged 26,28,24) and a baby(2yrs) in national highway suddenly opposite vehicle turned right who was trying to chase the volvo bus and got hit my car.

The oppsite driver escaped from the spot of accident and left his vehicle on the spot. We booked FIR(section-337) on them.

My vehicle is seriously damaged and it will take morethan 2.5 Lkhs for repairs.

Also my driver and friends were seriously injured, admitted the hospital.

But I had only 1 Lkh insurance to claim for my vehicle. Now I would like to put MVOP(Motor Vehicle Offender Program) on them.

I am not sure about next steps. My friend suggested me to claim the opposite vehicle insurance, in case if he does not have any insurance court will punish them to pay me from their pocket. Is it true??

Can anyone please let me know, what will be the next action items I need to take to move the case quickly. Kindly help me.

Awaiting your response. Kindly help me.

Regards,

Chinna.

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7 Replies

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR) 08 June 2010

yes it is true just go ahead accordingly.

Pavan (se) 08 June 2010

Thanks for your reply. Can you please let me know how to move forward to claim his insurance, is it by means of lawer.

What are the necessary documents for insurance climing??

(Guest)

1 Claim petition

2 Affidavits in support of claim

Documents needed

1. challan papers ( charge sheet }

2. Claiments passport size photos

3. Vakalatnama

In the claim following'll be the parties to the suit..............

CLAIMENTS-----all the injured travelling in the car.

RESPODANTS---- Driver of opposite vehicle, Owner of opposite vehicle, Insurance company

i want to add further..... you are saying that some persons seriously injured... if they gt grevious hurt then section 338 IPC ll add..... n challan (charge sheet} should file under sections 279, 338 IPC.

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PJANARDHANA REDDY (ADVOCATE & DIRECTOR) 08 June 2010

I THING INSTEAD OF PARTY IN PERSON ENGAGE ONE ADVOCATE FROM THE CHENNAI LAWYES LIST OF FORUM. U CAN GET DAMAGES WITH IN 90-180 DAYS

Pramod J. NIKALE (Law Officer) 08 June 2010

You can file claim under Motor Accident Claims Tribunal for Property Damage and recover the damage caused to you from the Insurance Company of The vehicles owner.

Pankaj Rai (Lawyer) 08 June 2010

Dear , First of all you have to send an information of accident of your vehicle's insurance company for spot survey and investigation within 48 hours of accident.

In the present case you may file a civil suit for total damages of your vehicle against the owner of Volvo bus,Driver and insurance company.

Driver of your car and your friends may file separate M.A.C.P.(Motor Accident claim Petition) Case against owner of Volvo bus, Insurance company and driver of Volvo bus for their injuries as a third party.

You may claim 1 lac from your insurance company and for the rest amount you may file a civil suit against owner of Volvo bus, Driver and insurance company.

Thanks.

Pavan (se) 09 June 2010

Thanks for your valuable suggestions.

As per my understanding I need to file two cases on them

1. Civil suit for total damages of my vehicle against the owner of oppsite vehicle , driver and insurance company.

what is civil suit (Is it a civil case??)

What is the IPC Section I need to file in this context. I have already filed section 337 on them.

2. M.A.C.P.(Motor Accident claim Petition) Case against owner of opposite vehicle, Insurance company and driver for my friend's injuries as a third party.

So I need to file IPC Sections 279 and 338 here, Please correct me If I am going wrong

One of my friend intrested to purchase my vehicle for less cost though it met accident. Can I sell it. I think I am not suppose to sell as it is required for investigation till the end of the case.

Kindly answer the above questions.

Best Regards,

Pavan.