Dear @Gurumoorthy,
Following the incident, you sought an Own Damage (OD) claim through your insurance, which estimated the repair cost at ₹17,500. You only asked the driver to cover the processing charge of ₹1,700, which he refused. Upon checking the MParivahan and CarInfo apps, you discovered that this cab has a record of 12 past traffic violations, with two unpaid challans. The driver’s repeated disregard for traffic laws and failure to compensate for damages caused inconvenience and financial loss to you. Given these circumstances, these are some actions you can take to hold him accountable:
-
First, you should report the driver’s negligence and past violations to the Traffic Police. Since his vehicle already has multiple fines, you can file a complaint through the MParivahan App or portal (parivahan.gov.in), the State Traffic Police website (TN Police), or by visiting the nearest police station. In your complaint, include supporting evidence such as the photos of the driver, his license details, the accident scene, and the list of his previous violations. By reporting this, you may prompt the authorities to issue stricter penalties or even suspend his license if he is found to be a habitual offender.
-
Additionally, you can file an FIR to TN Police for negligent driving under Section 125 of the Bharatiya Nyaya Sanhita (BNS), 2023, which covers “acts endangering life or personal safety of others.” His careless driving put you at risk, and this offense is punishable under the law. When filing the FIR at the nearest police station, ensure you mention his history of violations as proof of reckless driving.
-
If the police refuse to register your complaint, you can escalate the matter by filing it with the Superintendent of Police (SP) or online via the State Police Grievance Portal.
-
If the driver continues to refuse to pay the ₹1,700 processing fee for the insurance claim, you can also take the matter to the Consumer Disputes Redressal Commission (Consumer Court). Since this incident caused you financial loss and inconvenience, you can file a case citing mental harassment, damages, and unnecessary trouble due to the driver’s negligence. Along with your complaint, submit the insurance repair estimate, accident photos, and any communication where he refused to compensate you. If the driver operates under a cab aggregator (such as Ola or Uber), you can also report this matter to their grievance department, which may take disciplinary action against him.
Additional Advice
:
Given his extensive history of traffic violations, you can also approach your Regional Transport Office (RTO) and request a review of his driving license. The fact that he has unpaid challans and a repeated pattern of violations indicates he may not be fit to continue driving a commercial vehicle. RTO authorities have the power to suspend or cancel his license if they find his driving history unacceptable. To file a complaint, you can either visit the RTO office in person or send an email with documented evidence of his past offenses.