Legal Question in Personal Injury in India

I am an accident victim since 2011 December in Muzaffarnagar, Uttar Pradesh. I am not able to walk or travel due to the spinal injury in the accident. Also I lost my earning capacity due to this accident. Now we are looking after by my aged father who is a pensioner. Now, after a long 2 years treatment my financial condition is also detoriated. The tour operator from New Delhi, who provided me the Car and driver for our journey to Haridwar, or the Agent from Maharashtra from where I booked the service and the driver is also failed to fulfill the morally and legaly bounded duty to report the accident to the nearest Police Station or to inquire about the injured victims in the hospital till we discharged. They failed to produce the required documents such as all Vehicles details involved in the accident, Insurance papers and Driverís address and license copies. These time we were totally helpless totake steps and find out the condition of the FIR and other required papers. After reaching at our home town in the month of January 2012, I have requested them several times the Service Provider and the Driver of the taxi, to furnish the details of the vehicles involved in the accident, but they are deliberately hiding the truth and also responded in an arrogant manner. Due to this dereliction in sevice (both legal and moral) of the Service Provider and the Driver has sustained losses of Rs.15 lakhs towards the medical expenses also I competely lost my earning capacity. Without all these documents we are not able to file a claim in MACT. I have all the proofs in connection with the tour including photographs and vehicle details provided by NHAI. Also, I have all the other details such as the Service Provider recepit and their acceptance of my tour which was booked by me from Mumbai through their agent, Tour Programe charted by the service provider, Vehicle Nos. etc. Now I would like to file a consumer case against them. But I have mentioned above as I am not in a position to travel to Muzaffarnagar or New Delhi due to serious spinal cord injury. I would like to know is there any provision/procedure to change the Jurisdiction and file a compensation claim in my native, Palakkad, Kerala. Please advise.

Asked on 1/25/14, 1:23 am

1 Answer from Attorneys

yes you can file the MACT claim in your native place. write to the PS and the police commissioner they will supply you the copy of the FIR alsosend a legal notice to the driver and the company concerned to provide you the detail;s of the insurance of the vehicle etc. goodluck for further assistance contact 9312411481.

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Answered on 1/25/14, 7:23 am

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