Scene of the Accident - Filing of the FIR
In the event of death/injury of an accident victim, the very first step to claim compensation for the loss suffered, is to register a First Information Report (FIR) with the Police.
What is a First Information Report (FIR)?
It is the information relating to the commission of a cognizable offence lodged with the jurisdictional police station - the local area where the incident took place.
Click here to view a copy-format of an FIR
It is the first essential document needed to pursue a motor accident claim in the case of death or disability.
Who can lodge an FIR?
Any person who is a victim of an offence or who is a witness to such an offense or has knowledge about the commission of an offense can register an FIR. The person making the complaint/FIR is also required to receive a copy of the FIR from the police station.
What are the essentials of an FIR?
- The information that is required to be conveyed (State the nature and cause of the offense - Accident/Rash & Negligent Driving/Hit-and-Run/Death)
Some Sections of the Indian Penal Code that the case can be registered under:
- Section 279 - Rash Driving or Riding on a Public Way
- Section 304-A - Causing Death by Negligence
- Section 337 - Causing Hurt by Act Endangering Life or Personal Safety of Others
- Section 338 - Causing Grievous Hurt by Act Endangering Life or Personal Safety of Others
- Against whom was the crime committed - either against the victim/claimant.
- When did the incident take place (Time of Occurrence)
- Where did the incident take place (Exact place/location of occurrence)
- Any eye-witnesses at the scene of the accident
- The loss suffered - death/injury
- Name & Address of the Medical Officer/Practitioner who attended on the injured/dead.
Essential Documents Needed - After FIR is Filed
Comprehensive List of Documents needed to submit a Solatium Application:
- A Copy of the First Information Report (FIR)
- Copy of the Post - Mortem Report (IN THE CASE OF DEATH)
- Death certificate from the municipal/ panchayat body in respect of the deceased in multiple original copies (IN THE CASE OF DEATH
- Legal Heir Certificate -like birth certificate whether the name of the father and mother is mentioned, marriage certificate where the name of the wife and husband is given, birth certificate of the son (s) and or daughter (s) is available in which the name of the deceased is mentioned as a parent
- Copy of Disability Certificate (IN THE CASE OF INJURY/DISABILITY)
- Copy of Medical Bills/Treatment Reports/etc (IN THE CASE OF INJURY/DISABILITY)
- Copy of Insurance Certificate
- Copy of Driving License
Filing a Solatium Fund Application
Victims or their legal representative must make a representation for compensation claim through an application to the Claim Enquiry Officer.
An application in the prescribed form is available free of cost in the Office of the Sub-Divisional Officer, Tehsildar or any other Officer-in charge of a Revenue Sub-Division or a Taluka of the revenue district of the State where the accident happened. Such an officer is designated as the Claim Enquiry Officer.
Some of the particulars and information needed to be filled in the application form:
- Name & Father's name of person injured/died (husband's name in case of married woman)
- Address of the person injured/dead
- Age, Date of birth
- Sex of the injured/deceased
- Place, date and time of the accident
- Occupation of the person injured/deceased
- Nature of injuries sustained
- Name & address of police station in whose jurisdiction the accident took place or was registered.
- Name & address of the Medical Officer who attended on the injured/ deceased
- Name & Address of claimants/claimants
- Relationship with deceased
- Attach all the documents (as mentioned in Step II)
Click here to download the application form for Compensation from the Solatium Fund - for injury & death cases
Process of Claim
The Claim Enquiry Officer conducts a speedy - complete inquiry of the case (on the basis of the FIR and the medical report).
Award of Solatium: The Claim Enquiry Officer submits post-mortem report or injury certificate to the Settlement Commissioner, who at the district level may be the District Magistrate/District collector or Deputy Commissioner who shall make the award of Solatium.
Deposit/Payment: The Settlement commissioner processes the claim and sanctions payment within 15 days of receipt of report from Claim Enquiry Officer, and intimates the concerned insurance provider.