In MACT you can file claim in both cases:
1 When there is no fault of Driver u/s 163 A. You will get the bare minimum compensation as prescribed in second schedule of MACT act no matter what but accident should have happen. Else there is no claim in both cases.
2 When there is fault of Driver u/s 166 and FIR is compulsory registered. Compensation is usually more as per earning potential of claimant dead or alive. Claim can be of injuries as well as broken vehicles. Act provides remedy for them as well. But proof of negligence is a must and witnessses to support your version.
Here court rightly dismissed the petition.
Petition can’t be filed under both the sections simultaneously. One must be aware of process of claiming compensation from MACT Tribunal.
If dissatisfied , file an appeal against the order of tribunal in 60 days. The claimant can also file for enhancement of the claim.
But here claimant was not lucky.
For expert legal advice from MACT Lawyers and Advocates in Chandigarh Panchkula Mohali Kharar Zirakpur Derabassi Mullanpur Garibdass dial 99888-17966 for LegalSeva