Tanmay Arora
Asked February 11, 2017

Car accident case

  • 2 Answers
  • 414 Views

There was an accident I was involved in Sep 2015, where I was driving the car from one direction and a two wheeler was coming from an perpendicular direction, since it was night time and no traffic light on the crossover, we both collided. He got injured and bleeding started, so I took him to the hospital and left post that. I received a call from the police station today where the SI told me about the incident and also that the person has filed a complaint, though it wasn't my fault entirely. I have been told that there would be a mechanic inspection of my vehicle, arrest warrant would be issued, and claim would have to be awarded. I am concerned as I have applied for overseas job and this might hamper the effects. Kindly guide and assist. Thank you.

Answers 2

As it is an accident  normall the police will seize both the vehicles  and conduct the inspection  and after inspection  the vehicle  will be released  on executing an indemnity  bond,  further as it is a bailable offence you have to take bail,  further inform the insurance  company and if your vehicle  is fully insured at the time  of accident then no need to pay any compensation  to anyone as insurance  company is liable. 

Agree Comment 0 Agrees over 3 years ago

Sir, this case comes under the Motor Vehicles Act, which follows a no fault liability regime. This implies that the person who has caused harm must pay punitive damages if there is injury to the victim even though his fault does not exist. This is a principle developed in the British era but prevails nevertheless.

So, sadly if the victim files a case you may have to pay a certain amount of fine. However, as case is not severe there will be no sentence however application for anticipatory bail is suggested as a measure of precaution. Please consult a professional advocate whose facilities you can avail through the following link :

http://lawfarm.in/legal_cases/new

Agree Comment 0 Agrees over 3 years ago

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