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thebmaamba (junior)     30 June 2011

mact-no FIR

Hi,

  Is it possible to file a claim pet. in mact under s166 when FIR is not filed. Accident is between 2 motorcycles.Accident scene panchnama ,a report (B) from police that someone informed them that an accident took place at a certain area and 2 constables went there, compounding receipt (cops forced one of motorcycle riders) to pay it-these are the docs i'm having besides the insurance policies .

The cops are saying that no FIR can be given (6 months passed since accident)- the panchnama/report B can be considered as FIR.

my questions:

1.can i file a claim petition?

2.Should  not FIR contain- how the accident took place?

Ravi  Vs Badrinarayan (https://indiankanoon.org/doc/1149675/): sc says that FIR is a must.

Thanks



Learning

 3 Replies

himanshu harbola (Comp. Sec.)     01 July 2011

Dear Querist ,

I am limiting my comment to the procedure that is followed in Delhi. If any accident takes place in delhi the concerned police station has to submit an AIR i.e Accident Information Report to the concerned magistrate ( Ld. P.O M.A.C.T ) on the basis of which if no claim petition is filed by the injured party , the court may suo motu can start claim proceedings.

 

Now coming to the second aspect of query , a MACT proceedings is completely different from criminal proceedings and FIR is not a pre-requisite for filing a claim petition u/s 166 M.V Act. You just need to prove that accident took place by providing medical documents ( if MLC has been done , then attach the same with the claim petition ) and if death has been caused then death certificate.

 

Hence FIR is not mandatorily required to file a claim petition under M.V however it strengthens your case. It is not barred by limitation as well so go for the same.

 

With Warm Regards ,

Himanshu Harbola

A.C.S , B.A LL.B (Hons.)

thebmaamba (junior)     02 July 2011

Thanks Himanshu.

My state motor vehicle rules requires (don't know if it is a prerequisite) a FIR.

Wonder why the sc was insistent on FIR in above case? maybe bec. the boy was already removed when cops came at the accident spot (acc. scene panchanama)?

Has anyone any citation where a court held that a FIR is not a prerequisite for filing claim pet.?

himanshu harbola (Comp. Sec.)     02 July 2011

Just file the claim petition in the court  ,let the opposite counsel prove to the court that FIR is rquired.....


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