RAKESH PRADHAN (Accounts) 16 November 2012

Motor accident case

Dear Sirs,

I recently had a Road Accident while I was driving in a car in Bangalore. The Car was badly hit by a lorry from behind and luclky no mishaps occured except the CAR was badly damaged from back.

I have filed a FIR at nearest Police Station while Police was forcing us to have a negotiation with the Lorry driver and owner.

We have also now taken NOC from neatest RTO and cleared the vehicle from the Police Station and send the car to authorised service station for repairs.

The Car is under Insurance and the police has registered a complaint of negligent driving but not giving the copy of FIR.

Pls advise us the further Course of action as most of the friends are saying that its is long Court Process and after spending long time and lots on Advocate fees, court may not give adequate compensation and may let go the Lorry driver by paying small penalty.

We have lodged a claim from Insurance Company but as the Car is more than 2 yrs old, they shall only give 50% of the total repairs.

Pls advise. Also please let me know where is the Motor Accident Claim Tribunal in Bangalore and what is the process in case we need to file our petition in MACT.

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4 Replies

surjit singh (Assistant) 16 November 2012

I can say for getting the copy of the FIR go to the CJM court of the area and get the certified copy of the FIR.

In the MACT court there are lawyer who will fight your case on percentage basis, in that case you need not have to worry about the day to day date in the MACT court. But once of twice you will have to go to the court for deposing evidence. In that case you need not have to worry about the FIR the advocate will do all.

Rajinder Kumar (Prop.) 16 November 2012

surjit singh is right

and

Get a MVA act bare act book will help u

Naveen Kumar (service) 17 November 2012

Hi,

First go to the police station and ask them to give Form 110 wherein you will get all details regarding lorry driver licence, insurance, RC book, mahajar report, accident report etc., In Bangalore MACT court is at City Civil Court, behind Cauvery Bhavan, Mysore Bank Circle. If you go there also no use i mean its better you consult an MVC Lawyer so they take care everything. If you want reference no i vl furnish. Mr. Surjit is right all MVC lawyers will take case on percentage basis.

surjit singh (Assistant) 18 November 2012

I think there is judgmenet of the apex court where the police has been specifically directed to submit the details of the accident (vehicle and all detals) along with the injury report to the Court. in motor accident case. But practically it take long time if it is let to go of its own.