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Thursday, September 12, 2013

Motor accident cases - what to do after accident- criminal case and claim case - Motor Vehicles Act.

Motor Accidents are common on the roads. Pursuant to the accident, altercation between the parties are also common in some minor accidents. Cursing each other and alleging fault upon the other side, people gathering and watching them around and finally police will come and direct both the vehicles to be taken to the Police Station...these are routine in busy routes in Kerala.

What are the cases follow?
If a motor accident is occurred and any of the party suffered injury, then offences under section 279, 337/338 of Indian Penal Code are usually charged. If the driver is not a person who is the profession of a driver or a Government Driver, people are ready to plead guilty of the above said offences and for the time being, the Magistrate courts in which these cases are tried will allow the accused to plead guilty by paying fine amount only. This can be done even in the absence of the accused through pleader. 
If any one dies in the Motor Accident, then the offence under section 304A of IPC will be charged and accused cannot go with fine alone, on pleading guilty in the said offence.

What the injured to do?
Rather than picking quarrel on the cause of the accident, it is better for the injured to get admitted in the hospital at the earliest. At the time of first instance itself, the cause of injury must be revealed to the duty doctor. Also mention the number of the vehicle which hit the injured.

Motor Accidents Claims Tribunal
On releasing from the hospital, the injured can claim compensation from the accused/driver and owner of the vehicle. They will be indemnified by the Insurance Company and the insurance company will pay compensation for the owner to the injured. For this purpose, all the bills, salary certificate, loss of income etc need to be brought in evidence. There is no limitation period for filing claim. The claim can be filed at the place of accident or where the claimant resides. 

1 comment:

  1. Will the fault of the driver influence awarding of compensation? To be more precise if the driver causing the accident suffers injury what will be the fate of his compensation claim ? I understand that the claims of passengers in both the vehicles will be protected in any case.