Lawfarm Team
Asked May 27, 2016

Motor Vehicle Accident- remedies

  • 1 Answer
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I was going to office on my two wheeler. i entered to one way but with wrong side because i am very new in the city i had no idea that the road is one way. but i was driving in side of the road with the speed of 10 or 15 . one activa was coming from front side with the speed of 70 or 80 i gave horn but he was just about to hit me so lay down my vehicle over footpath still he hit my bike from right side. I was in very slow speed so i got very less injury. But he was over speed so he disbalanced and got a lot of injury. i called his parents. when his uncle came, he called police. police officer checked all both's documents and i think the boy was not having driving Licence because his father was trying to give some money to police but officer declined. As per our mutual settlement in accident site i have to repair his vehicle with some amount approx 2 to 3k and rest of amount will be taken by him only. But now his uncle continiuosly calling me and asing for 20 thousand rs. so please suggest me what happen if case will be registred and goes to court.

Answer 1

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Shreya Mishra
Although you were new to the city and were not aware that the road was one way, you cannot claim it as a defence as the provisions of “ignorantia juris non exusat” which essentially means that, only because you were unaware of a particular law, you cannot claim that you were unaware of the ramifications. These principles are followed in India.[1] Thus you will be held liable. Now, it is advisable that the case is settled before going to the Court. In case of motor accidents, the case is registered with Motor Accident Claims Tribunal(MACT).  The mere fact that the other vehicle was driving at 60-70 kmph is no excuse as the speed limits for motorcycles have been increased to 80 kmph.[2] However, it is good that the person did not suffer from any permanent disability, as in that case you would have to pay Rs 25,000 which is a fixed amount[3]. Also to avail this, the other party has to show that you were negligent[4], which you were not, as you took proper steps to avoid the accident by blowing the horn and laying down the vehicle on the footpath.  The Supreme Court has also laid down that the compensation that needs to be awarded should be just and reasonable and should be assessed from the facts of the particular case. [5]  Since in this case,  there was no permanent  disability, the Tribunal may ask you to pay the medical expenses of the victim based on his medical bills. However, if you can prove that he was negligent or was driving without a license, it would amount to contributory negligence i.e., when the victim himself contributes to the harm caused to him. In such a case, the compensation awarded to him will be reduced in proportion to his fault. [6] Thus, it will be an elaborate process and it is better if you can ask the victim to settle it outside court.     [1]http://www.manupatra.com/roundup/343/Articles/Diffrences.pdf [2]http://timesofindia.indiatimes.com/india/Now-cars-can-zoom-at-100kmph-bikes-at-80/articleshow/40632804.cms [3] According to No fault liability based on Section 140 of the Motor Vehicle Act, 1988 [4]http://hpsja.nic.in/jaarticle.pdf [5]http://www.thehindu.com/news/national/award-just-compensation-in-motor-accident-cases-apex-court/article4878280.ece [6]http://hpsja.nic.in/jaarticle.pdf, Page 17.
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