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Old 22nd January 2009, 21:49   #31
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Backseatdriver,

This is superb! I am sure it is going to clear many of our doubts.

I have couple of questions:

If in TP insurance claims are rejected and is there any penalty to the "claimants" for raising fraudalant claims? Can Insurer or insured sue the claimant for dragging into the court unnecessary?

Does MACT take any action against raising false FIR?

Example: In my case FIR says that two-wheeler people were bringing the unregistred bike from RTO at 11:30 pm (!), and the place of accident is also far away from RTO or residence of the claimants or owners and does not fall anywhere between...

Also hospital records (some MLC report) do not match with FIR details i.e. hospital record says it was an accident between two-wheeler and tata-sumo, and informant is police. FIR says between two-wheeler and Maruti.
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Old 23rd January 2009, 10:32   #32
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Originally Posted by alpha_romeo View Post
If in TP insurance claims are rejected and is there any penalty to the "claimants" for raising fraudalant claims? Can Insurer or insured sue the claimant for dragging into the court unnecessary?
Yes, and no.

Yes, because we have a law of "malicious prosecution". No, because rarely does a court find that the litigation was brought by the (allegedly) injured / claimant fraudulently / maliciously.

The courts are supposed to award costs, and there is even provision for awarding penal costs. But rarely are costs awarded in Indian litigation, and penal costs are only a few thousands - 2 or 5 thousand, IIRC. And even when costs are awarded, the amounts awarded would be paltry - since the High Courts publish a list of costs which may be awarded in any case. (Imagine, 100 Rupees for a petition, which would take minimum 5 sitting days to be decided).

Quote:
Does MACT take any action against raising false FIR?
FIR is filed in the Magistrate courts; if the FIR is false, it is for the magistrate to take action. The magistrate is supposed to scrutinise each and every FIR filed before him, before any action is taken on the FIR. Imagine the plight of a magistrate having to go through 2000 or 3000 FIRs a year?? He wont have to time to decide / try any case!!!

In practise, the magistrate simply rubber stamps the FIR; but since the magistrate, which is the court authorised by law to look into FIRs did not find the FIR to be false, other courts will not take action for filing false FIRs.


Quote:
Example: In my case FIR says that two-wheeler people were bringing the unregistred bike from RTO at 11:30 pm (!), and the place of accident is also far away from RTO or residence of the claimants or owners and does not fall anywhere between....
I have a better example. A guy was prosecuted for offences of forgery and cheating in 2002 for taking a loan to buy a SECOND HAND Maruti car. He was residing in Cochin; the prosecution was filed in Chennai. According to the complaint, the loan was taken the year 1981. No civil case was maintainable in this case in the 2002 - you have to file civil case within 3 years of loan default.

Obviously, a false complaint. The accused was arrested one fine morning and taken Chennai; granted bail, and in Chennai, the prosecution dragged on till 2006. When the case was closed because the complainant did not turn up to give evidence. The poor guy had to simply write off the time, effort and money spent in conducting the case, for each travel he had to make all the way from Cochin to Chennai. And there was no way he could plead guilty - the amount with interest had built up to 7 lakh or so.

To top all up, the chap could never owned or driven a car - he had ultra power glasses - minus 15 or so. I guess that is why the magistrate let him off so early.

IF that guy could not make up his losses, most of us will have to simply swallow the losses ourselves.

And one more point I have been asked in a PM - where does one file an FIR?

The FIR has to be lodged at the police station where the accident takes place. If the police station where you turn up is not the police station having jurisdiction where the accident took place, the policeman still has to take down your complaint and refer you to the proper police station.

So where does one file the MACT Claim?

The normal rule in civil litigation is to file the case where (1) the accident occured OR (2) where the defendant(s) - the owner / driver / insurer resides or has place of business.

The law makes an exception in the case of MACT claims. You can file a claim at any of the above places, plus the place where the accident took place, plus place of residence of the injured / claimant.

So, if 10 people from 10 different districts are injured in an accident, it is perfectly legal for all the 10 people to approach 10 different MACTs with their claims.

Just in case you have missed it -MACT is the "Motor Accidents Claims Tribunal", a special court to try motor accidents claims; set up under the Motor Vehicles Act.
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Old 23rd January 2009, 11:24   #33
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Very valuable information about the legal matters, please continue...
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Old 22nd November 2012, 20:25   #34
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Default Re: Facing the Court - a Guide

Very informative threa indeed. Thanks Backseatdriver.

Regarding selecting lawyers, you have mentioned criterias but in practice how one should go about it? I.e. if one is involved in an accident at a new location (not frequented by him), would you just try to get someone who has office around that court or just ask people around? Normally how are the fees of the lawyers? I understand it will vary from lawyer to lawyer but just as a reference, for petty motor accidents, how much does it cost? Does it depend on the time spent by lawyer? or Days he attends the proceedings?
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