To claim compensation from Insurance Company, the vehicle must have a valid and subsisting Insurance policy issued by the Insurance Company., containing the name and address of the Insurance Company, policy number, period of insurance, premium amount,name and address of the owner, Vehicle registration number, vehicle chassis number and engine number and finally the signature and seal of the officer of the Insurance Company. If the vehicle is not insured i.e the owner has not taken any insurance policy, you cannot get any compensation from the Insurance Company. I have used the word VALID INSURANCE POLICY. it means the policy must be issued by the Insurance Company. Some times the owner of the vehicle in order to avoid payment of premium amount to the insurance company approaches some middle men who are experts in issuing false documents termed as Fake policy as per the Insurance Company. Whether the policy is genuine or fake policy can only be answered by the Insurance Company. If you look at the insurance policy you will find terms and conditions on it. one of the condition is about driving licence(DL) of the driver of the motor vehicle. It says driver must a valid and subsisting policy and he should not be disqualified in holding the DL and a person holding Learners licence can also drive the vehicle. you will also find limitations as to use like the vehicle should not be used for hire & reward purpose. This condition is applicable only to private car meant for personal use only.

The question is how to claim compensation from the insurance Company under M.V.Act.

To claim compensation from Insurance Company under M.V.Act you need to file a claim petition before Motor Accidents claims Tribunal near your area against the owner of the offending vehicle as well as its Insurance Company. The following documents are essential to file claim petition. 1.FIR 2. Charge Sheet. 3.Inquest Report 4. Post Mortem Report 5. Motor Vehicle Inspector report 6 Scene of offence.7. DL of the driver of the vehicle 8. Insurance Policy copy. These are the major required documents to claim compensation. In case of injury you have to file FIR, Charge sheet, Medico Legal case Register called MLC register or Accident Register. This will be issued by the Hospital Authority where the victim or the injured was admitted and treated. Discharge Summary of the Hospital, Medical Bills including pharmacy bills and Disability certificate.You need to file the original record of the Hospital i.e MLC register, Discharge summary, Medical bills and pharmacy and Disability certificate. The Disability certificate will be issued by the treated Orthopedic Doctor of the Hospital or else you have to approach the Medical Board of the Govt Hospital to get the certificate.

The police records namely FIR, Charge sheet, Scene of offence, Inquest report, PM report, MVI report can be obtained from the criminal court where the concerned PS has submitted to the court against the driver of the offending vehicle. You have to apply for certified copy of the said documents to get compensation. Some Tribunals accept Police attested copies. You will get the above documents from Police station where the case was registered and the SHO or IO will attest them. Some Tribunals insist for certified copies. Its better to get certified copies only.

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