If you are stuck in such a situation, here is what to do.

Mr. Rohan was riding his motorcycle at a steady 60 km/h in the city of Alipur when he had a green light. Suddenly, a blue utility vehicle jumped a red light and made an abrupt right turn directly into his path. With no time to react, Mr. Rohan crashed into the side of the vehicle. The impact was severe, and his motorcycle was badly damaged. As adrenaline surged, he managed to take photographs of the vehicle and its driver. Curiously, the vehicle had “Medical Support Vehicle” written on it but lacked any official hospital or agency markings, had no siren, carried no patients, and had tinted windows, making it look suspicious. The driver fled the scene shortly after the collision.

Mr. Rohan filed a complaint at the local police station. After some delay, the police contacted the vehicle’s owner, Mr. Kapoor, who was initially uncooperative. The police informed Mr. Rohan that the vehicle was supposedly used for animal transport and, critically, had no insurance. The driver, Mr. Ajay, eventually reported to the police station, admitting he was at fault. The police are willing to provide an FIR copy but are suggesting that the driver will just pay a small fine, which does little to cover the estimated ₹70,000 in damages to Mr. Rohan’s motorcycle. This has left Mr. Rohan wondering about his legal options, particularly concerning the Motor Accidents Claims Tribunal (MACT).

Advice in such cases

Navigating the aftermath of a road accident, especially with an uninsured vehicle, can be daunting. Here are some crucial steps to take:

• Prioritize Safety and Medical Care: Your health is the top priority. Seek immediate medical attention, even if you feel fine. Some injuries may not be immediately apparent. A medical report is also vital evidence for your claim.
• Document Everything: Take clear photos and videos of the accident scene, the damage to all vehicles involved, your injuries, and any relevant road signs or traffic signals. If possible, get the contact information of any witnesses.
• Inform the Police: Report the accident to the nearest police station as soon as possible and ensure an FIR (First Information Report) is registered. An FIR is a mandatory document for initiating any insurance or legal claim.
• Do Not Settle on the Spot: Avoid making any informal agreements or accepting a small cash settlement at the scene or under pressure from the police. The actual cost of damages and medical treatment may be much higher than you initially think.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

Several laws come into play in such a scenario, primarily under the Motor Vehicles Act, 1988, and the Bharatiya Nyaya Sanhita, 2023 (BNS).

• Bharatiya Nyaya Sanhita, 2023 (BNS):
  • Section 107 of BNS: Pertains to causing hurt by an act endangering life or personal safety of others.
  • Section 108 of BNS: Deals with causing grievous hurt by an act endangering life or personal safety.
  • Section 106(2) of BNS: Addresses hit-and-run cases, where the driver flees the scene without reporting the accident to the police.
• Motor Vehicles Act, 1988:
  • Section 196: Makes driving an uninsured vehicle a punishable offence.
  • Section 134: Imposes a duty on the driver to stop, provide information, and render medical assistance to the injured person in case of an accident.
  • Section 166: Allows the victim to file an application for compensation before the Motor Accidents Claims Tribunal (MACT). Since the at-fault vehicle is uninsured, the claim will be filed against the driver and the owner of the vehicle, who will be personally liable to pay the compensation.

If you are the complainant

If you are the driver or owner of the vehicle that caused the accident, it is crucial to handle the situation carefully.

• Do Not Flee the Scene: Fleeing the accident scene is a serious offence (hit-and-run) and will significantly worsen your legal situation.
• Cooperate with the Police: Provide your details and cooperate with the police investigation. However, avoid admitting guilt without understanding the full legal ramifications.
• Understand Your Liability: As the owner, even if you were not driving, you are liable for the vehicle. If the vehicle is uninsured, both the driver and owner are jointly and severally liable to pay compensation determined by the MACT.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

As the victim, your primary goal is to secure fair compensation for your losses, including medical expenses and vehicle damage.

• File an FIR Promptly: Do not delay in filing an FIR. Obtain a certified copy of the FIR, as it is the foundational document for your MACT claim.
• Preserve All Bills and Records: Keep meticulous records of all medical bills, pharmacy receipts, transportation costs for hospital visits, and vehicle repair estimates or final bills.
• File a Claim in MACT: The police case (criminal case) for rash driving is separate from your claim for compensation (civil case). The police stating the driver will “pay a fine and go” only addresses the criminal penalty. You must file a separate claim petition under Section 166 of the Motor Vehicles Act in the MACT to get compensation for your damages.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think. He will draft and file the claim petition in the MACT and represent you throughout the proceedings.

How the police behave in such cases

It is common for the police to try and mediate a quick, informal settlement between the parties. This is often done to reduce their caseload and close the file quickly. They may focus on the criminal aspect (like the fine for rash driving) and downplay the victim’s right to substantial compensation through the MACT. You should politely but firmly insist on your right to pursue all legal remedies. Ensure a proper FIR is registered that accurately reflects the events, and do not feel pressured into a compromise that does not adequately cover your losses.

FAQs people normally have

Q: The driver is at fault but has no money. How will I get my compensation?
A: In the MACT, the liability to pay compensation is on both the driver and the owner of the vehicle. The court can order the attachment and sale of the owner’s assets (including the vehicle itself or other properties) to recover the compensation amount awarded to you.

Q: Can I claim for mental trauma and loss of income?
A: Yes. The MACT awards compensation under various heads, including medical expenses, vehicle damage (property damage), pain and suffering, loss of income during recovery, and any future loss of earning capacity due to permanent disability.

Q: The owner claims he is not responsible for the driver’s actions. Is this true?
A: No. Under the principle of vicarious liability, the owner of the vehicle is legally responsible for the actions of the driver, especially when the vehicle is being used with the owner’s consent. The fact that the vehicle was uninsured makes the owner directly liable.

What evidence is required?

To build a strong case in the MACT, you will need to gather comprehensive evidence. Key documents include:

• Certified copy of the FIR.
• The police report (Chargesheet/Final Report).
• Medical reports, discharge summary, and all medical bills.
• Proof of income (salary slips, IT returns) to claim loss of earnings.
• Vehicle repair estimates and final invoices.
• Photographs of the damaged vehicle and injuries.
• Your driving license and vehicle registration certificate (RC).
• Details of any eyewitnesses.

How long will the investigation take?

There are two parallel proceedings. The police investigation into the criminal case (rash driving, hit-and-run) may conclude within a few weeks to a few months, culminating in a chargesheet filed in court. The MACT case for compensation is a separate civil proceeding that runs independently. These cases can take a significant amount of time, often ranging from several months to a few years, depending on the complexity of the case, the evidence presented, and the workload of the specific tribunal.

Advocate Sudhir Rao, Supreme Court of India