1) All car owners in India are required by law to have third-party insurance. This insurance covers the liability of the car owner in case of injury or death to a third party caused by the car. In case of a car accident, the victim can claim compensation from the insurance company of the car owner.

2) section 164 states that if a person is seriously hurt, or dies due to an accident caused by a motor vehicle, the owner or insurer of that vehicle has to pay compensation.

3)  If there is significant damage to your car or any injury to you or your passengers, it is recommended to file an FIR with the police. Obtain a copy of the FIR and submit it to your insurance company along with your claim.

4)t he victim of a car accident must file a claim for compensation within a specified period, known as the limitation period. The limitation period for claiming compensation for a car accident is six months from the date of the accident.

According to the Motor Vehicles Act, 1988, the person who caused the damage to your brother’s car is liable to pay for the compensation of the victims of the accident. Section 140 of the Act deals with the principle of ‘no-fault liability’, which means that the owners of motor vehicles are liable to pay for the compensation of the victims of accidents caused by them, regardless of whether they were at fault or not. Section 163A of the Act provides for a structured formula for calculating the compensation amount based on various factors, such as age, income, disability, etc.

Therefore, your brother has the right to claim compensation from the person who was driving the Innova that hit his car from behind. He can file a claim petition before the Motor Accident Claims Tribunal (MACT) in Goa, where the accident took place or where he resides. He can also seek legal aid from the State Legal Services Authority or the District Legal Services Authority in Goa, if he is eligible for it. He will have to submit relevant documents and evidence to prove his claim, such as FIR, medical reports, photographs, witnesses, etc. The MACT will then decide the amount of compensation after hearing both parties and examining the evidence.

If your brother was badly injured in the accident, he can also claim compensation for his personal injury and medical expenses. He can also file a criminal case against the person who was driving the Innova for rash and negligent driving under Section 279 and 337 of the Indian Penal Code, 1860. These sections provide for imprisonment up to six months or fine up to Rs. 1000 or both. However, filing a criminal case may take longer and involve more procedures than filing a civil claim.

Tell your brother to file FIR. Than have to file motor accident claim. Police cannot cahrge any fine. It may be bribe. His car will confiscate by police.

Dear client,  

- Under Section 279 of the Indian Penal Code, any individual who is driving or riding a vehicle in a negligent manner, thereby endangering human life, will be punished by law. The punishment under this section is imprisonment up to six months, a penalty of ₹1,000, or both.

- Hence, your brother can lodge an FIR against that person before the police for the reckless driving after giving a compliant 

- Further, if he got injured then after taking medical prescription , he can claim the said amount with compensation , after filing a case before the MACT tribunal 

- Further, if police not lodge an FIR then he can directly file a complaint before the magistrate , however giving a complaint to higher police official is necessary . 

Your brother has to give a complaint against the erring innova driver for his rash and negligent driving causing damages to his car as well as injured to him. 

Besides you can claim third party insurance claim from the Innova's insurance company too.

Your brother has the right to claim compensation from the person who was driving the Innova that hit his car from behind.

He can file a petition before motor accident claims tribunal after registering a FIR against the INNOVA driver.

Dear Sir/Madam,

You are suggested to file a written police complaint and also a case of damages against that person who hit your car and caused damages. 

If both the car means front and back car has third party insurance kindly check and same your brother car should give repair payment against by insurance company as a first party. If such insurance company is not paying repair amount ask your brother to file case in IRDA and in consumer forum.

Yes you can take TAD report from police and claim their party insurance from the person who banged your car. You can file the same in MACT court 

Greetings of the Day,

I have read your issue but find that there are some facts which need to be clarified. You can approach on either nine two one two one two four five eight five or seven zero four two eight three three six eight six for personal approach.

We Hope that a personal consultation would be fruitful to the issue and it would be better for you to talk to someone directly.

Best Regards

SPS Law Chambers
New Delhi.