Medico legal case in case of motor accident resulting in leg injury
My 18 year old son met with an accident while riding a motorcycle registered in my name. He sustained minor injuries while the other biker sustained a leg injury and had to be hospitalised. - A medico legal case has not been registered so far. - We have paid for hospitalisation and diagnostic tests of the other biker. - My son does not hold a driving licence as yet. - Both bikes are being held by the police. What is the best course of action in case of a mutual settlement.? In case of a medico legal case, will be registered against me or my son or both.? Will there be an arrest ? If yes, is it possible to secure bail.? Kindly check and advise.
Any case against you would have to be filed by the other biker. He may claim compensation over and above the medical expenses for agony and mental trauma. Another aspect where you might be held liable is for allowing the vehicle to be driven by a person who does not possess a valid licence, i.e., your son (Fine up to Rs 1000 or Imprisonment up to 3 months or both). Your son would not be held personally liable for the accident as the owner of the vehicle is held responsible for any damages caused. Your son may be fined for driving without license which may be up to Rs 500 or Imprisonment up to 3 months or both. However, if the biker does not file a case then your son would, in most probability, just have to pay the fine and no serious charges would arise. In case of an arrest, this is a bailable offence with a Table Bail of approximatly Rs 800 to Rs 900 to be paid at the Police Station.
If case has not been registered it is best for your son as he was driving without license. If in any case the opposite party tries to settle the matter with you, you can go ahead to settle the matter by providing appropriate compensation.
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