How can I claim car damage compensation

Dear Client,
In the hit-and-run case, police files an FIR on both the persons involved in a road accident based on the nature of accident that varies from case to case. In your case, FIR is filed under Section 125 of BNS for causing hurt to any person, Section 281 of BNS for rash and negligent driving, Section 324(4) BNS mischief causing loss or damage to property and Section 325, BNS that addresses the punishment or penalty for mischief by killing or maiming an animal. Out of all these offenses Sections 125 and 325 BNS are non-cognizable and Sections 281 and 324(4) are cognizable and triable by a Judicial Magistrate. In motor accident cases both the owner and driver of the vehicles 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 and 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. If the vehicles of both parties are insured, then whoever is proven guilty of the accident, his or her Insurance Company has to pay the compensation to the injured person if the cause of the accident meets the conditions of the Insurance policy. Section 164 of the Motor Vehicles Act, 1988 (as amended in 2019) 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. The claimant is not required to prove that the death or grievous hurt was due to any wrongful act or neglect of the owner or any other person. You have to establish the fact before the Court, denying that you were driving the vehicle rashly and that the accident arose not on account of your negligence. You have to take the defense that in spite of cautious driving, you met with an accident. In this context, the judgment passed by the Calcutta High Court in the case of Senjuti Roy (Nee Sengupta) VS New India Assurance Co. Ltd. and the judgment passed by the Rajasthan High Court in the case of Ganesh Bairwa VS Ramphool Bairwa may be referred to. Hence, it is advisable to consult with an Advocate experienced in MACT matters to navigate the issue in the right way.