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

Mr. Amit Sharma, a 23-year-old, is grappling with the sudden and tragic loss of his father, Mr. Ramesh Sharma, aged 56. Mr. Ramesh was a dedicated employee at the State Power Distribution Corporation. The unfortunate incident occurred when he was returning home from his duties. While carefully navigating his motorcycle to cross a national highway near the city of Jabalpur, a speeding sedan, allegedly driven by Mr. Kapoor, collided with him. The impact was severe, and Mr. Ramesh passed away at the scene.

Adding to the family’s distress is the discovery that the third-party insurance for his father’s motorcycle had recently lapsed. Overwhelmed by grief and confusion, Amit is now seeking clarity on the legal recourse available to his family to ensure justice for his father and secure their future.

Advice in such cases

Dealing with the aftermath of such a tragic event is emotionally and mentally taxing. It is crucial to approach the situation methodically to protect your legal rights.

• Preserve all documents related to the deceased, such as their identity proof, address proof, and income documents (salary slips, bank statements).
• Obtain a copy of the First Information Report (FIR) from the police station. Ensure the details of the incident are recorded accurately.
• Do not engage in any private settlement with the driver or owner of the offending vehicle without legal guidance.
• Gather contact information of any eyewitnesses to the accident.
• 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

The case involves aspects of both criminal and civil (motor accident claims) law.

• Bharatiya Nyaya Sanhita, 2023 (BNS): Section 106 of the BNS deals with causing death by any rash or negligent act. If the driver fled the scene without reporting, the more stringent provisions of Section 106(2) could be invoked, which carry a higher penalty.
• The Motor Vehicles Act, 1988: Sections 166 and related provisions allow the legal heirs of the deceased to file a claim for compensation before the Motor Accident Claims Tribunal (MACT). The fact that the victim’s own vehicle was uninsured does not bar the family from claiming compensation from the insurer of the vehicle at fault.

If you are the complainant

As the son of the deceased, you are the complainant and a key party in the legal proceedings. Your role is crucial in assisting the police and pursuing the claim.

• Cooperate fully with the police investigation. Provide them with all the facts and documents you have.
• Ensure the FIR correctly mentions the registration number of the offending vehicle and the details of the driver, if known.
• You will need to file a Claim Petition before the MACT to seek compensation. This is a separate proceeding from the criminal case.
• 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

In a fatal accident case, the “victim” refers to the deceased, and their legal rights are exercised by their legal heirs (spouse, children, parents). The family has the right to seek justice and financial support.

• The primary right is to claim compensation for the loss of dependency, loss of consortium, funeral expenses, and loss of estate under the Motor Vehicles Act.
• The compensation amount is calculated by the MACT based on the deceased’s age, income, future prospects, and the number of dependents.
• The lapsed insurance of the victim’s motorcycle is not a ground to deny the claim against the offending vehicle’s insurance company. The negligence of the other driver is the key factor.
• 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

The police are required to follow a set procedure under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

• Upon receiving information, they will register an FIR under the relevant sections of the BNS.
• The Investigating Officer (IO) will visit the accident spot, prepare a site plan (Naksha Mauka), and seize the vehicles involved for mechanical inspection.
• Statements of the complainant and any available eyewitnesses will be recorded.
• The police will conduct the inquest proceedings and send the body for post-mortem examination to ascertain the cause of death.
• The driver of the offending vehicle, if identified, will be arrested and subsequently released on bail as per the law.
• Once the investigation is complete, the police will file a final report (chargesheet) before the concerned Magistrate’s court.

FAQs people normally have

Can we still file a claim for compensation if my father’s motorcycle was not insured?
Yes, absolutely. The claim for compensation is filed against the owner and insurer of the vehicle that caused the accident due to its driver’s negligence. The insurance status of your father’s vehicle does not affect this right.

What kind of compensation can we expect?
The MACT calculates compensation using a multiplier method. It considers the deceased’s annual income, deducts a portion for personal expenses, and multiplies the result by a multiplier based on the deceased’s age. Additional amounts are awarded for loss of consortium, funeral expenses, and loss of estate.

Will the driver of the car go to jail?
The criminal case will decide the driver’s punishment. A conviction under Section 106 of the BNS can lead to imprisonment for up to five years and a fine. If the more serious hit-and-run provisions are applied, the punishment can be up to ten years.

What evidence is required?

A strong case, both for the criminal trial and the MACT claim, depends on solid evidence. Your lawyer will help you compile this, but key documents include:

• Certified copy of the FIR.
• Post-mortem report and death certificate.
• The deceased’s age proof (like Aadhar Card or Birth Certificate).
• The deceased’s income proof (Salary slips, Income Tax Returns, employer’s certificate).
• Identity and age proofs of all the legal heirs/claimants.
• Mechanical inspection reports of the vehicles involved.
• Insurance policy details of the offending vehicle.

How long will the investigation take?

As per the provisions of the BNSS, the police are generally required to complete the investigation and file the chargesheet in court within 90 days from the date of the FIR. The MACT claim proceedings run parallel to the criminal case and may take a couple of years to be finally decided, though interim compensation can sometimes be awarded earlier.

Advocate Sudhir Rao, Supreme Court of India