Aviinesh Kumar
Asked October 31, 2016

Road accident case

  • 2 Answers
  • 660 Views

I was riding on my Bike, when suddenly a person jumped onto the road. I tried my best to avoid hitting him, but could not. He only has minor injuries to his nose & leg. I took him to the hospital & did all necessary help including all doctor consultations & tests the same day. Now, he has registered a case with the Traffic police. How do I proceed here?

Answers 2

Normally court see and favour the injured man , if your lawyer can prove that you are not fault in fact twist the case the injured person try to commit suicide and you are just victim, suicide is crime in India . This is not the forum to consult such question

Agree Comment 0 Agrees almost 4 years ago

Answered by Prafful Goyal, Lawfarm Researcher:

 

 

A motor accident has two facets, one is the commission of criminal offence and the other is compensation claim. The person responsible for causing the accident by negligent driving is liable to be booked for criminal offence, further liable to pay compensation to the victim. 

In case the victim chooses to file a case for compensation then he/she can make an application to be filed with the Claims Tribunal (set up under the Motor Vehicle Act). 

Victim can resort to three medium for seeking compensation under the Act:

1.      Principle of no fault liability (Section 140): Here, the victim need not to prove any fault or neglect on the part of the driver for receiving compensation. There is a fixed amount of compensation payable to the victim which is 50000 in case of death and 25000 in case of permanent disablement.

2.      Structured formula basis (Section 163A): Here, the owner of the vehicle or the authorized insurer shall be liable to pay as per the Second Schedule of the Act to victim when the vehicle involved causes death or permanent disablement to the victim.

3.      Compensation in hit and run cases (Section161): This is not applicable to the presentmatter as here the driver has not ran away and his identity is known.

In case a criminal case is lodged for rash and negligent driving under section 279 of IPC (deals with rash and negligent driving punishable with imprisonment upto 6 months or fine up to Rs 1000 or both) then it has to be proved that the accident was the result of rash and negligent driving. The prosecution will bear the burden to prove that the person who committed the accident was driving rashly and negligently and only then the offence is proved.

However, carelessness does not give rise to criminal liability (but it does result in civil liability under the Motor Vehicles Act as previously explained). Recklessness of the accused should reflect disregard for other person’s life and property which means there has to be intention or what we call in law Mens Rea. In the case of Chintaram v. State of Madhya Pradesh, the deceased was walking on the middle of the road so the accused was driving by the left of the road trying to keep a distance from her. When the accused reached close to the deceased she abruptly took a left turn and got struck by the motorcycle. In this case, the accused was not negligent. The erratic decision of the victim did not give any reasonable time to the motorcyclist to avoid her so he was acquitted.

Agree Comment 0 Agrees almost 4 years ago

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