A.
Dear Client,
In the hit-and-run case, police filed an FIR on both the persons involved in a road accident under Sec. 279 of IPC(now Section 281 of BNS) for rash and negligent driving and Section 337 of IPC (now Section 125 of BNS) for causing hurt to any person. In motor accident cases both the owner and driver of the vehicle are liable to face prosecution proceedings initiated before the Motor Accident Claim Tribunal once an FIR is lodged in the police station and the legal heirs of the deceased victim or the injured persons apply to the Tribunal under Section 166 of the Motor Vehicle Act, 1988 within six months of the occurrence of the accident. Based on the final report of the police, the pleading of both parties, the medical report of the injured or deceased person, and evidence of witnesses, the MACT passed the order for payment of compensation to the party for whose negligence the accident was caused. Section 164 of the Motor Vehicles Act, 1988 (as amended in 2019) deals with the payment of compensation in case of death or grievous hurt due to any accident arising out of the use of a motor vehicle. It states that the owner of the motor vehicle or the authorized insurer shall be liable to pay compensation of five lakh rupees in case of death or two and a half lakh rupees in case of grievous hurt to the legal heirs or the victim, as the case may be. So, your claim of compensation for damages from the Insurance company depends upon the order of the Court. If required, hire an Advocate to navigate the issue in the right way.
Posted On 10-Dec-2024
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