How To Get Compensation In A Road Accident?
India is, unfortunately, the country with the highest number of road accidents in the world.
Many victims do not get fair compensation in road accidents because of a lack of information regarding legal procedures in M.A.C.T in case of a road accident.
These are the 10 legal procedures which are very important for the victim to know how to get compensation in a road accident.
- You must file an F.I.R (First Information Report) of the accident/injury/death. If the police refuse to register, there are many legal procedures to ensure that the Police registers your case. Read about that procedure-HERE.
- If the victim is alive soon after the accident but dies in the hospital, you must get a Post-Mortemconducted.
- You must get N.O.C. from the police station stating that the police has no objection to you cremating/burying the body.
- Once you get the N.O.C, you must take collect the Death certificate.
- For claims, you must make an application to the Motor Accident Claims Tribunal / M.A.C.T under whose jurisdiction the claimant resides or carries on business or under whose jurisdiction the respondent resides or under whose jurisdiction the accident occurred.
- You, as the claimant have to prove rash and negligent driving on the part of the respondent in order to be entitled to compensation.
- You Must defend any ‘contributory negligence‘ on your part. If the victim was also negligent along with the respondent, then it is a case of contributory negligence. Your claim amount will be reduced if it is proven against you.
- Remember– If a person has died in an accident or has suffered permanent disability, the Act creates an obligation on the owner of the vehicle to pay an interim compensation fixed by the Act.
- You must get a Disability Certificate for calculation of compensation.
- You must attach mandatory documents along with your compensation claim-F.I.R copy, Panchnama copy (this is a list of damages that is drawn by cops in the presence of witnesses), Medical Reports (in case of injury), Post-Mortem Report or Death Certificate (in case the victim has died and a legal heir is filing for compensation), RTO certificate (showing name and address of owner and insurance particulars of vehicle/s involved in the mishap), Photographs, Court-fees stamp.
I hope you like and have found How To Get Compensation In A Road Accident? useful.
Please share with friends and relatives. You never know who could be benefitted by this information.
Kindness costs nothing.
Adv. Sidharth Arora
Supreme Court of India
DISCLAIMER: Through this article, we wish to help those who are in genuine need of help and are willing to understand the law. This is not a solicitation, advertisement or a substitute of professional legal advice. It does not create any client-attorney relationship.