- You do have a right to file a criminal complaint against third party complainant for malicious prosecution by filing a false case. The complaint can be filed under Section 193 in the Court where the criminal complaint is filed. You can also claim damages from him. This can be done only after honourable acquittal of father by trial Court.
- Against insurer you can approach District Consumer Commission under new Consumer Protection Act, 2019 for not settling claim taking untenable defence of drunken driving. Issue lawyer's noticers to insurer seeking compensation and thereafter file complaint. You will get compensation with interest, cost of complaint and Advocate’s fee.
Wrong FIR filed by the third party
Hello, my father was in a car accident about 2 months ago where the other person was trying to overtake a vehicle and collided with our car. The third party filed an FIR where they claimed that my father was drunk. But he was not drunk and this is confirmed by the police and written in the report. Now it's been 2 months and the insurance company has still not released money for repairing claiming that the because the FIR is mentioned as drunk and drive we have to conduct investigation. We have also submitted the report by police where they have said that the driver was not under influence. My father has to travel 40km Daily and this has caused him a lot of problems from past 2 months as he is traveling on his scooty. He is already 59 years old with the usual age related health issues. My question is that, is there any way we can punish the third party for filing incorrect FIR or sue the insurance company for taking such a long time to process the claim?
Asked 2 years ago in Civil Law
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
6 Answers
The third party has lodge the complaint and the police have registered the FIR.
However after investigation the police have given a clean chit, therefore on that basis you have to issue notice to the insurance company to settle the matter expeditiously.
you may also note that the insurance companies generally look for some or the other reason to refuse to pay the claim amount, hence you may have to resort to legal action if the delay is inordinate.
File complaint against insurance company before consumer forum and seek orders to direct insurance company to settle your claim for repairs
also seek litigation costs and compensation for mental torture undergone by you
3) sue the third party for damages for making false statements on oath
Yes, you can sue to third party for defamation and harassments.
Dear Client,
The Application can be filed by a person under Sec 482 of Crpc to the High court for getting the frivolous FIR filed against him quashed.
Sec 482. Saving of inherent powers of High Court. Under this Section, High court has been vested with the inherent powers to pass any order which is necessary in order to-
- Prevent abuse of process of Courts; or
- To secure ends of justice to the people.
The Person can approach the High Court for getting the false FIR quashed by filing an application under Sec 482 of Crpc on the following grounds-
- The Acts or omission on the basis of which the FIR has been lodged does not constitute an offence.
- The Offence for which the FIR has been registered against the accused has never happened;
- The FIR contains merely baseless allegations without any reasonable ground to prove an offence against the accused.
The person who files a false FIR against someone can be held guilty under Sec 182 & 211 of IPC, but only after the accused had applied to the High Court for quashing the false FIR lodged against him and the High Court had quashed such false FIR or if the accused is acquitted or discharged by High Court.
Under Sec 211 of IPC, the Accused person against whom false FIR has been made can file application u/s 156(3) or a Complaint u/s 200 of Crpc before the Magistrate Court against such person.
A policyholder should first approach the insurance company itself to get their grievance addressed. You can approach the grievance redressal officer (GRO) of the insurance company. You can either visit the nearest branch or send an email to the GRO.
As per IRDAI the insurance company should ideally address your concern within 15 days. However, if your grievance is not resolved within 15 days, or if you are not satisfied with the resolution provided by the insurer you can escalate the issue to next level, i.e., you can take it to the insurance regulator, Insurance Regulatory and Development Authority of India (IRDAI).
Thank You.
Yes if he has filed false FIR then you can prosecute him for that after your acquittal
