A distressing incident occurred in the city of Navipur recently. Mrs. Anjali Sharma, a 45-year-old woman, was driving her car up an incline when she lightly bumped into an auto-rickshaw that was ahead of her. While the impact was minor and caused no damage to the vehicles, the consequences were severe. An elderly gentleman, Mr. Ramesh Gupta, aged 75, was in the process of alighting from the auto-rickshaw and fell due to the collision.

The police arrived at the scene and instructed Mrs. Sharma to take Mr. Gupta to the hospital, which she did immediately, accompanied by her family. At Apex Hospital, it was discovered that Mr. Gupta, who had pre-existing heart conditions, was suffering from internal bleeding. His condition quickly deteriorated, and he was placed on a ventilator, with doctors giving a grim prognosis. This has left Mrs. Sharma and her family in a state of extreme distress, worried about the legal and financial ramifications. It is important to note that the car was fully insured, and Mrs. Sharma possessed a valid driving license at the time of the incident.

Advice in such cases

• Do not panic or flee the scene. Fleeing can lead to more severe charges under the hit-and-run provisions of the new law.
• Provide immediate medical assistance to the injured person. Taking the victim to the nearest hospital is your primary duty.
• Inform the police about the incident as soon as possible.
• Notify your motor insurance company about the accident without delay.
• Avoid admitting fault or making any settlements at the scene without legal advice.
• 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

In such cases, the following legal provisions, primarily from the Bharatiya Nyaya Sanhita, 2023 (BNS), may apply:

• Section 117 of BNS, 2023: Causing hurt by an act endangering life or personal safety of others. This applies if the injury is simple.
• Section 118 of BNS, 2023: Causing grievous hurt by an act endangering life or personal safety of others. This is applicable if the injuries are severe.
• Section 106(1) of BNS, 2023: Causing death by negligence. This section would be invoked if the victim unfortunately succumbs to their injuries. It’s important to note that this is different from the more stringent Section 106(2) which applies to hit-and-run cases.
• Motor Vehicles Act, 1988: The victim’s family can file a claim for compensation before the Motor Accident Claims Tribunal (MACT) regardless of the criminal proceedings.

If you are the complainant

If you are in the driver’s position, like Mrs. Sharma, here are the steps you should take:

• Cooperate fully with the police investigation. Provide your statement and all necessary documents.
• Obtain a copy of the First Information Report (FIR) that has been registered.
• Immediately inform your vehicle’s insurance provider and submit a claim form along with the required documents.
• Keep all your documents handy: your driving license, the vehicle’s Registration Certificate (RC), and the insurance policy.
• Do not try to influence witnesses or tamper with any evidence.
• 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

If you or your family member is the victim, the following steps are crucial:

• Prioritize medical treatment and preserve all medical records, bills, and prescriptions.
• Ensure that an FIR is lodged with the police detailing the accident.
• Gather contact information of any witnesses to the accident.
• File a claim for compensation with the Motor Accident Claims Tribunal (MACT). The claim can be filed for medical expenses, loss of income, pain and suffering, and other 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.

How the police behave in such cases

Typically, the police will register an FIR against the driver under the relevant sections of the BNS. They will conduct an investigation, which includes inspecting the accident spot, examining the vehicles, and recording statements from the driver, victim (if possible), and witnesses. The driver may be arrested, but since these are bailable offences (unless it’s a hit-and-run), bail is usually granted by the police station itself or by the court. After the investigation is complete, the police will file a final report or chargesheet before the appropriate court.

FAQs people normally have

Will the victim’s pre-existing health condition affect the case?
The “eggshell skull” rule in tort law applies here. It means you must take your victim as you find them. The driver can be held responsible for the full extent of the injuries, even if they were unexpectedly severe due to the victim’s pre-existing frailty or medical condition.

What about compensation? Who pays it?
Compensation is determined by the Motor Accident Claims Tribunal (MACT). Since the car was insured, the driver’s insurance company will be liable to pay the compensation awarded by the tribunal. The driver’s personal financial situation does not directly limit the compensation amount, which is calculated based on factors like medical expenses, loss of earnings, and the victim’s age.

Can my mother go to jail?
The offences under BNS for causing injury or death by a rash or negligent act are punishable with imprisonment. However, in cases where there is no deliberate intent, no drunk driving, and the driver has cooperated with the investigation (i.e., not a hit-and-run), courts often take a lenient view. The outcome depends on the evidence and the specifics of the case presented during the trial.

What evidence is required?

Crucial evidence in such cases includes:

• The FIR and the police chargesheet.
• Medical reports, bills, and discharge summary of the victim.
• Mechanical inspection reports of the involved vehicles.
• Photographs of the accident scene and damage to the vehicles.
• Statements of eyewitnesses.
• The driver’s license, vehicle registration, and insurance policy documents.

How long will the investigation take?

The police investigation and filing of a chargesheet can take a few weeks to several months. The subsequent court proceedings, both for the criminal case and the MACT claim, can be lengthy. MACT cases, in particular, can take several years to reach a final decision, though interim compensation may be awarded in some cases.

Advocate Sudhir Rao, Supreme Court of India