Lawfarm Team
in Consumer Law Criminal Law Civil Law Insurance Law
Asked May 29, 2016

How to make person pay up for causing my accident?

  • 1 Answer

On Sunday 14 May a Water Tanker hit my Car from behind. As a result of which I had hit an i20 in front of me. I was travelling with family but thankfully there was no injury. My car was badly damaged back and front. To the i20 I made a payment of 6000 and the tanker guy paid 5000. How can i have the Tanker fellow penalized. Total damage repair is about Rs 60,000. I have the pic of the tanker and the Insurance copy of the tanker fellow.

Answer 1

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Anina D'cunha
When an accident takes place, a case has to be registered by the police. In order to claim compensation, one has to file a separate petition under the Motor Vehicle Act in the Motor Accident Claim Tribunal. According to Section 166 of The Motor Vehicles Act, 1988, an application can be filed by the person whose property is damaged. There is no limitation on filing an application and an appeal can be made in the High Court. According to the law, the license number has to be given to the injured party therefore, it is good that the identity of the water tanker is known. Since the tanker has third party insurance, the insurance company has to be impleaded as one of the parties to the compensation application before the Motor Accident Claim Tribunal. One must establish the tanker’s fault in court, negligence must be proved for compensation. The statements of any eye-witnesses present produced during the trial will help. To prove property damage, reports such as motor vehicle inspection report or a surveyor's report, and bills should also be produced.  
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