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

A few days ago, in the city of Vikasnagar, my mother, Ms. Kavita, my sister, Ms. Sunita, and my aunt, Ms. Geeta, were travelling in an e-rickshaw when they were struck by a sedan. The driver, Mr. Alok Verma, was so intoxicated that he was unable to stand properly when taken to the police station.

Initially, Mr. Verma and his family promised to cover all the medical expenses, which led us to delay filing a First Information Report (FIR). They began making payments for the treatment at Arogya Multispeciality Hospital. While my mother sustained minor injuries, my sister and aunt both suffered significant nasal injuries. My sister’s nose was fractured and required surgery. The operation was successful, and everyone is currently recovering, but the road to full recovery is long.

However, we are now facing serious challenges. The hospital is refusing to provide a semi-private cabin, which is creating difficulties for my mother who needs to stay with them but is uncomfortable in the general ward. More alarmingly, we have been informed by the hospital staff that Mr. Verma’s family intends to stop paying the medical bills.

Our initial trust in their verbal assurances was a grave mistake. We did not file an immediate FIR, and we have no written agreement to hold them to their promise. This has left us in a vulnerable position. We now intend to pursue the strongest possible legal recourse to ensure that Mr. Verma is held accountable for his reckless actions and understands the severe consequences of drunk driving.

Advice in such cases

Navigating the aftermath of such a traumatic event can be overwhelming. The initial shock often gives way to confusion about the correct steps to take. It is crucial to act decisively and correctly to protect your rights and ensure justice is served.

• File an FIR Immediately: The first and most critical step is to file an FIR. A delay can be questioned, but it is not fatal to the case. You must provide a reasonable explanation for the delay, such as the initial promise by the accused to cover expenses. The police who saw the driver’s intoxicated state are key witnesses.
• Medical Documentation: Ensure that a Medico-Legal Case (MLC) is prepared for all injured parties at the hospital. This official document is vital evidence detailing the nature and extent of the injuries. Collect all medical reports, bills, and prescriptions meticulously.
• Gather Evidence: Collect as much evidence as possible. This includes photographs of the accident scene, the damaged vehicles, and the injuries sustained. If there were any eyewitnesses, get their contact information. Their testimony can be invaluable.
• Do Not Rely on Verbal Promises: Never accept a verbal settlement. Any agreement should be in writing, preferably drafted or reviewed by a lawyer. Verbal promises are difficult to enforce and are often used as a tactic to evade legal responsibility.
• 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 cases of accidents caused by drunk driving, several legal provisions come into play, primarily under the Bharatiya Nyaya Sanhita (BNS) and the Motor Vehicles Act, 1988.

• Bharatiya Nyaya Sanhita, 2023 (BNS):
  • Section 108 (Causing hurt by rash or negligent act): This section applies when a person causes injury to another through a rash or negligent act. Drunk driving is a clear example of such an act. The punishment can include imprisonment and a fine.
  • Section 339 (Punishment for voluntarily causing hurt): If simple injuries are caused.
  • Section 341 (Punishment for voluntarily causing grievous hurt): This applies if the injuries are severe, such as fractures, as in your sister’s case. The penalties are more stringent.
• Motor Vehicles Act, 1988:
  • Section 185 (Driving by a drunken person): This section makes it a specific offence to drive a vehicle under the influence of alcohol or drugs. The penalties include imprisonment, fines, and disqualification from holding a driving license.
  • Section 166 (Application for compensation): This allows the victims of a motor vehicle accident to file a claim for compensation before the Motor Accidents Claims Tribunal (MACT). This is a civil remedy and runs parallel to the criminal case. The compensation covers medical expenses, loss of income, pain and suffering, and other damages.

If you are the complainant

As the person pursuing the case, you must be proactive and organized.

• File a Detailed FIR: Go to the police station that has jurisdiction over the accident area and file a detailed FIR. Clearly state the facts, including the driver’s intoxicated state, the injuries caused, and the subsequent broken promises. Explain the reason for the delay in filing.
• Preserve All Records: Keep a file with all original documents, including medical bills, hospital records, pharmacy receipts, and any other expenses incurred due to the accident. These are essential for the MACT claim.
• Follow Up with the Police: Stay in regular contact with the Investigating Officer (IO) to ensure the investigation is proceeding correctly. The police should collect crucial evidence like the driver’s blood alcohol report from the night of 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.

If you are the victim

If you or your family members are the ones who have been injured, your focus should be on recovery while ensuring your legal rights are protected.

• Prioritize Medical Care: Your health is the top priority. Follow all medical advice and ensure you get the best possible treatment. Do not let financial concerns from the accused’s broken promises hinder your recovery.
• Ensure MLC is Prepared: Insist that the hospital prepares a detailed Medico-Legal Case (MLC) report. This is a crucial piece of evidence for both the criminal case and the MACT claim.
• Document Everything: Keep a journal of your recovery process, including pain levels, difficulties faced in daily life, and any long-term effects of the injuries. This can help in quantifying the “pain and suffering” component of your compensation claim.
• 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

Police procedure in such cases is generally standardized, but their efficiency can vary. Upon receiving a complaint, they are mandated to register an FIR. Given that they witnessed the driver’s condition, their testimony will be crucial. They should have conducted a breathalyzer or blood test, the report of which is irrefutable evidence of drunk driving. The police will investigate the matter, collect evidence from the scene, record witness statements, and, upon completion, file a chargesheet in the appropriate court. If you face any reluctance from the police to file the FIR, you can approach a senior police officer or file a private complaint with the magistrate.

FAQs people normally have

Can we still file an FIR now, even though a few days have passed?

Yes, you can. An FIR for such serious offences can be filed even after a delay. You will need to provide a satisfactory explanation for the delay in your complaint, which in your case is the false promise made by the accused’s family. The delay does not invalidate the case.

What combination of legal actions will have the strongest impact?

The most effective approach is a two-pronged strategy:
1. A criminal case under the BNS and the Motor Vehicles Act to ensure the driver is punished with imprisonment and fines.
2. A compensation claim filed with the Motor Accidents Claims Tribunal (MACT) to recover all medical expenses, future treatment costs, loss of earnings, and compensation for the physical and mental trauma.

How do we ensure the hospital cooperates?

The hospital’s refusal to provide a semi-private cabin is a service-related issue between you and the hospital administration. While it is stressful, it is separate from the accident case. You should focus on obtaining all medical records and bills from them, which they are legally obligated to provide. You can issue a formal written request or have your lawyer send a legal notice if they are uncooperative in providing documents.

What evidence is required?

To build a strong case, you will need the following evidence:

• The copy of the FIR.
• The Medico-Legal Case (MLC) reports of all injured persons.
• All original medical bills, hospital discharge summaries, and prescriptions.
• Photographs of the injuries and the damaged vehicles.
• The driver’s alcohol test report from the police.
• Statements from any eyewitnesses to the accident.
• Proof of income for the victims if claiming loss of earnings.

How long will the investigation take?

The police investigation and the filing of the chargesheet should ideally be completed within 90 days, as per the new Bharatiya Nagarik Suraksha Sanhita (BNSS). However, the judicial process takes time. The criminal trial and the MACT case can be lengthy, often taking a few years to reach a final verdict. An experienced lawyer can help expedite the process and guide you through each stage effectively.

Advocate Sudhir Rao, Supreme Court of India