Community › Forums › Legal Advice India › Unfair Legal Battle: Opponent Demanding ₹25L (MACT) for Minor Accident – How to Fight Back?
- This topic has 27 replies, 17 voices, and was last updated 1 year, 3 months ago by
Quickguru4523.
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UUser_93188863
PARTICIPANT
March 27, 2025 at 4:01 amA 28-year-old woman (let’s call her A) was involved in a road accident while riding her scooter. She attempted to cut across the road when another woman, 38 years old (let’s call her B), also on a scooter, collided with her. Both fell on the road. A was wearing a helmet, which reduced the impact, and she had a Learner’s License (LLR) but no insurance. B, on the other hand, was not wearing a helmet and sustained abrasions and some impact injuries, though they were not severe.Both were taken to a hospital (Same Hospital) and discharged the same day as their injuries were not serious. However, ten days later, B filed a police complaint, having initially attempted to settle the matter outside the legal system by demanding ₹3 lakh in compensation. A, despite believing she was not at fault, was pressured by her family and lawyer to offer ₹80,000, fearing prolonged legal battles. B refused this amount and proceeded with a court case.
In the district court, A was fined ₹1,200 under IPC Sections 279, 337, and 338. She was strongly advised by her family and lawyer to accept the blame rather than contest it, citing societal pressures—concerns over her studies, job, and future marriage prospects. This decision later turned out to be a serious mistake.
Now, months later, B has filed a case in the Motor Accident Claims Tribunal (MACT), demanding ₹25 lakh in compensation. In the claim, she has exaggerated injuries, including a fallen tooth, knee pain, and other ailments, citing hospital records from three different medical facilities ( mostly fabricated ). It is suspected that she is falsely attributing injuries from a prior accident to this incident to increase the compensation claim.
B and her husband, who is an experienced MTC bus driver, appear to have a history of exploiting such situations for financial gain. The family of A is financially weak, and she is a first-generation graduate, currently preparing for government exams while working in a reputed private job. They are now unsure of how to proceed, as B’s intentions seem to be solely focused on extorting money.
A’s family recently discovered that their previous advocate had ties with the opponent and indirectly assisted them, betraying their trust. This realization has shaken their faith in the legal system. They now fear that upcoming advocates may see this as an opportunity to claim a share of the potential ₹25 lakh settlement, given their connections in the background.
The accident occurred in October 2022, and in February 2023, the district court imposed a ₹1,200 fine on A under IPC 279, 337, and 338. Now, in March 2025, the opponent has escalated the matter by filing a case in the Motor Accident Claims Tribunal (MACT), seeking an inflated compensation amount. The family feels hopeless, unsure of how to fight back against what appears to be a coordinated attempt to extract money.
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LLuckyshark9060
PARTICIPANT
March 27, 2025 at 4:08 amThis falls under insurance fraud by B. If you are able to show a history of such incidents by B and her family then you can land them in trouble much more. You need to file counter cases showing the chain of history in complete detail and how previous lawyer manipulated A in accepting wrongful convictions. This will take time but don’t fall for this at all.-
UUser_93188863
OP
March 27, 2025 at 4:10 amHow to prove they’re habitual frauds? Where to start? How to gather data?-
LLuckyshark9060
PARTICIPANT
March 27, 2025 at 4:41 amIf you can get a good lawyer, they will get their investigation done and if multiple MACT Claims are there and compensation given to single PAN holder, this data is available with the Courts and Tribunal.
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PPritiknight627
PARTICIPANT
March 27, 2025 at 4:17 amThat’s why I always run after hit. A woman and a boy jumped YES J U M P E D out of nowhere in front of my car once without thinking twice took them in my car before any crowd can gather dropped them to the nearest hospital and fucked off /S-
CCoolknight3697
PARTICIPANT
March 27, 2025 at 4:35 amIspe/s ki kya zaroorat thi??-
PPritiknight627
PARTICIPANT
March 27, 2025 at 4:48 amaajkal news channel wale reddit se content utha rahe hai pata lage mere lambe laude lag jaye ki dekho kese crime ko log reddit pe flex karrhe hai-
RRapidgunjan6017
PARTICIPANT
March 27, 2025 at 8:17 amisn’t run and hit more dangerous? You easily become the culprit.
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VVimalowl309
PARTICIPANT
March 27, 2025 at 4:19 amFile RTI and try looking out on e courts for more info.
File petition in high court for quashing.
Anyway court will not grant her the money she asked for-
UUser_93188863
OP
March 27, 2025 at 4:23 amWhat are the details to ask in RTI to counter them?
What’s the content of high court petition? Pls help-
VVimalowl309
PARTICIPANT
March 27, 2025 at 4:27 amIn RTI you can ask for other cases filed by the person in respective courts of her region.High court petition will be quite elaborate. It’s hard to tell everything in the comments.
I am a practising advocate in delhi. It would be advisable to consult a lawyer of your state.
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AAnanyaguru69
PARTICIPANT
March 27, 2025 at 4:24 amWait
You had any insurance?
If yes, dont worry your company will fight this battle
If no, let them file a case and hire a lawyer from the Legal aid, they cannot ask money without any solid proofs.
Its funny how these stupid think they can demand any money when its a case of contributory negligence -
SSupergowri8151
PARTICIPANT
March 27, 2025 at 4:31 amShe has claimed it, her ability to prove it is very debatable. I have seen students in engineering dying and their parents getting 5 lakh as compensation. Just let them contest. Get legal aid counsel from court. -
DDesishivansh558
PARTICIPANT
March 27, 2025 at 4:50 amokay so most of the advice can only be given after seeing the whole documents and the case.but 25 lakhs is very unlikely, she not get that much, i have seen people who have died in accidents not get that much compensation, so i think even if B succeeds she wont get more than 2-3 lakhs.
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CCleverseeker6428
PARTICIPANT
March 27, 2025 at 4:56 amAfter reading the post, I thought I am on legal advice USA -
CCalmeagle9213
PARTICIPANT
March 27, 2025 at 5:14 amHope you have insurance. This is the exact event why one has third party insurance for vehicles. Let your insurance company take care of it. Just check if you/driver/owner has not breached any of the conditions of insurance.The injured have rightly gone to the MACT. In India, in motor accident cases, there is a doctrine of strict liability / non-fault liability, which means no matter whose fault, the injured gets compensated, and that is why rules require mandatory 3rd party insurance.
You will need to worry only if you have breached any of the terms and conditions of insurance.
Also, to answer your question, don’t fight back, if you don’t need to. Get a decent lawyer to represent you and you should be fine.
Also, the injured can demand anything. There is a formula which a court applies in motor accident cases, same will be with the injured in this case. The court takes into account nature of injury, cost for hospitalizations, post hospitalization cost, nature of disability, permanent or temporary, age, salary, dependents, mental trauma, stress etc. while coming to a figure.
I am a lawyer.
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UUser_93188863
OP
March 27, 2025 at 5:23 amI have no insurance and the opposite party has also no insurance-
CCalmeagle9213
PARTICIPANT
March 27, 2025 at 5:30 amDoesn’t matter if the other side has no insurance. The important thing is you don’t have insurance. Try to negotiate an out of court settlement. If this is to be fought in court, you will need a very good lawyer to represent you and get the final claim reduced as much as possible. Good luck.
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QQuickguru4523
PARTICIPANT
March 27, 2025 at 5:58 amDon’t worry A only crime is her vehicle was not insured at the time of accident and no major loss of limb and life happened A is not going to be sent to jail for this The chain of events from the time accident happened to bring discharged by the hospital is all that is needed to be procured (entry records of the hospital treatment given by the hospital and discharge records) if you can get them(get them by hook or crook) and submit them with court/office with proof (send an email to court/office with your documents attached /send a covering letter with details of a copy of email with copies of atteched documents by speed post )keep proofs of delivery of both email and speed post After this you are in the clear let the other party keep trying ultimately they will try to compromise but you pay whatever courts fine you (courts fine is never in lacs it will be a few thousands) and you can represent yourself in court without a lawyer because you are ready to pay whatever fine courts levy on you anyway GET YOUR, VEHICLE Insured now and drive to your heart’s content-
UUser_93188863
OP
March 27, 2025 at 6:08 amThanks 🙏-
QQuickguru4523
PARTICIPANT
March 27, 2025 at 6:53 amBy going to court yourself doesn’t mean you have to be there on every date you can send any one else to inform the judges reader you are unable to come on this date and ask for another date which suits you Or simply choose not to appear the court will simply give another date anyway do not pay any money to anyone ever in court and don’t fear the courts as you are in no hurry for the courts decision just don’t be pressurised just go have a cup of tea and come back and believe me the other party will fizzle out on its own one day-
UUser_93188863
OP
March 27, 2025 at 6:59 amIn summon they mentioned if the respondents doesn’t appear on court, court will decide the penalty in its own. Is that true?-
QQuickguru4523
PARTICIPANT
March 27, 2025 at 7:11 amYes they will decide ex parte if you don’t appear even after summoned two three times it means the case is about to be decided you should submit your documents now if you have not done earlier to show that you have already paid the penalty and you should not be penalized further
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FFiercebear7497
PARTICIPANT
March 27, 2025 at 6:37 amYou need a good lawyer. And also consult with another lawyer to cross check if whatever is being suggested by 1st lawyer is correct/advantageous for you. -
AAlphahawk6009
PARTICIPANT
March 27, 2025 at 6:45 amAlso be rest assured…. Indian Courts are not giving 28 lakhs as compensation for broken bones. The other part are really ambitious.Get a lawyer who is not on their side and you can easily resolve this problem. Its an Accident , not a criminal case. So first, relax a little.
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PProsurya8042
PARTICIPANT
March 27, 2025 at 6:58 amDon’t worry, gather all the evidence against the petitioner as much as you can. Then proceed in court, you have to prove that it’s fraud. Then you win, -
UUrbanmaster6633
PARTICIPANT
March 27, 2025 at 7:02 amCan’t the bar association do something about her previous lawyer. -
AAmarhawk397
PARTICIPANT
March 29, 2025 at 3:32 pmPay fine whatever set by court.Both at fault, so both will be fined for no insurance.
Don’t fear, other party only tries to intimidate. Nothing is gonna happen.
Btw fine is gonna be few thousand for violating.
Insurance is mandated for this exact reason, if there’s injury then it should cover
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