One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.
Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.
TL;DR: If a car hits your scooter and flees, act fast. Secure CCTV footage from nearby shops, lodge a complaint at the police station, and file a claim under your insurance policy's own-damage cover. You can also approach the Motor Accident Claims Tribunal (MACT) for compensation if injured. The car driver can face criminal penalties under the Bharatiya Nyaya Sanhita, 2023 for rash driving and causing hurt. Do not wait — evidence vanishes quickly.
The client — let's call him Rohan Gupta — was riding his scooter near Parvati Nagar in Nagpur on the evening of 19 March 2025. Traffic was heavy ahead. He slowed down. That's when a white sedan rear-ended him. He fell to the road, his helmet cracking on impact. Minor scrapes and bruises, but he could have been dead.
Before Rohan could even stand up, the car sped away. Gone. No license plate, no model remembered. The bystanders who rushed to help him didn't note anything either. He sat on the kerb, frustrated. Heart racing. The driver of that car vanished without a trace — or so it seemed.
That's when he approached the Chamber of Advocate Sudhir Rao. His earlier efforts — asking around, checking with local police — had gone nowhere. The office of Advocate Sudhir Rao immediately advised him to retrace the scene. A CCTV camera outside a Tata Motors service centre near the accident spot had captured the car's approach and escape. The footage showed the car's license plate clearly. Using that, a zero FIR was registered, and the driver was traced within 48 hours. The specialised handling of this hit-and-run case — particularly the urgency of preserving digital evidence and navigating the BNSS provisions for investigation — helped secure a quick FIR and a subsequent MACT claim for Rohan's medical expenses and vehicle damage.
Key Facts of the Case
- The accident occurred on 19 March 2025 at approximately 6:45 PM near a major intersection in Nagpur.
- The client, Rohan Gupta, was riding a two-wheeler and was hit from behind by a sedan that fled the scene.
- The driver of the hit-and-run vehicle was identified using CCTV footage from a nearby commercial establishment.
- A zero FIR was registered under relevant provisions of the Bharatiya Nyaya Sanhita, 2023 and the Bharatiya Nagarik Suraksha Sanhita, 2023.
- The client sustained minor injuries and damage to his scooter, leading to both a criminal case and a civil claim before the Motor Accident Claims Tribunal (MACT).
- The insurance company for the offending vehicle was traced, and a compensation claim was pursued.
The Direct Legal Answer
Can I still get the driver caught if the car fled and I don't know the number?
Yes. Immediately check all nearby shops, offices, and residential buildings for CCTV cameras. In city areas, most commercial properties and traffic signals have cameras. Ask for footage from 10-15 minutes before the accident to just after it. Once you have a clear image of the car or its license plate, take the footage to the nearest police station. Under the BNSS, the police must register a zero FIR — meaning they cannot refuse due to jurisdiction issues — and they will investigate the hit-and-run.
Can I claim insurance for my damaged scooter?
Yes, but only if you have "own damage" or comprehensive insurance coverage on your scooter policy. You will need a copy of the police complaint (GD entry or FIR) to support your claim. Without this, insurers typically reject own-damage claims in hit-and-run cases.
What if I suffered injuries — can I get compensation?
Absolutely. You can file a petition before the Motor Accident Claims Tribunal (MACT) of your district. The MACT will determine compensation for medical expenses, pain and suffering, loss of income, and future medical needs. In hit-and-run cases, the Solatium Fund (under the Motor Vehicles Act) may also provide interim relief.
Advice in Such Cases
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 to 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.
Do not wash your clothes or bathe before documenting your injuries with photographs. Go to a government hospital for a medico-legal certificate — that becomes crucial evidence. And here's a thing many miss: don't post about the accident on social media. Any admission or inconsistency in your version can be used against you later. This area of law demands a lawyer who regularly handles accident and MACT claims — the procedural timelines for filing the claim, collecting evidence from multiple sources (RTO, insurance, police), and framing compensation heads are nuances a general practitioner may not fully grasp.
Applicable Sections of Law
- Section 281 BNS: Causing hurt by rash or negligent driving. This covers the physical injury caused by the driver's reckless act.
- Section 104 BNS: Punishment for causing death by negligence or rash driving — applicable if the hit-and-run had resulted in a fatality.
- Section 183 BNSS: Procedure for investigation in hit-and-run motor vehicle accidents, including the duty to register zero FIR.
- Section 166 of the Motor Vehicles Act, 1988: Provides the framework for filing a compensation claim before the MACT.
Punishment and Penalties
For an offence under Section 281 BNS (rash driving causing hurt), the driver faces imprisonment of up to one year, or a fine of up to ₹2,000, or both. For Section 104 BNS (death by negligence), imprisonment can extend to five years, with a fine. The offence under Section 281 is bailable and compoundable in some cases. The hit-and-run element itself — fleeing the scene after causing injury — is treated severely, and the court may impose a higher fine or sentence within these limits.
Jurisdiction — Where to File the Case
The criminal complaint (FIR) should be lodged at the police station within whose territorial jurisdiction the accident occurred. For the MACT claim, you must approach the Claims Tribunal of the district where the accident happened, or where you reside, or where the offending vehicle is registered. Jurisdiction matters here because the MACT's powers to summon witnesses and enforce orders are limited to its territorial area. Getting the jurisdiction right from the start avoids delays and procedural rejection.
What if Police Refuse to File FIR?
If the police refuse to register your FIR, here is your course of action:
- Approach the Superintendent of Police (SP) under Section 173(4) BNSS and file a written complaint. The SP can direct the police to register the FIR.
- If the SP also refuses, file a private complaint before the Magistrate under Section 175(3) BNSS. The Magistrate can order the police to investigate.
- As a last resort, file a writ petition before the High Court seeking a direction to register the FIR.
- Document the refusal in writing — take a date and time on your own complaint copy.
Rights of the Accused
- Right to remain silent and against self-incrimination under Article 20(3) of the Constitution.
- Right to be informed of the grounds of arrest immediately under Article 22(1).
- Right to consult and be defended by a legal practitioner of choice under Article 22(1).
- Right to be produced before a Magistrate within 24 hours of arrest under Article 22(2).
- Right to a copy of the FIR and all documents relied upon by the prosecution.
Bail Provisions
Rash driving causing hurt (Section 281 BNS) is a bailable offence. The accused can apply for bail before the police or the Magistrate. In such cases, bail is typically granted on furnishing a bond and sureties. If the offence involves death (Section 104 BNS), it becomes non-bailable, and the accused must seek regular bail under Section 480 BNSS from the Sessions Court or High Court. Anticipatory bail under Section 482 BNSS may be sought if there is a fear of arrest before the FIR is filed.
Quashing of FIR / Case
The High Court has inherent powers under Section 528 BNSS to quash an FIR or criminal proceedings if:
- The FIR does not disclose a prima facie offence.
- The proceedings are an abuse of the process of law.
- The offence is compoundable and the parties have settled.
- There is a patent lack of evidence to support the allegations.
- The dispute is purely civil in nature masquerading as a criminal case.
Quashing is seldom available in hit-and-run cases with clear evidence of injury and CCTV footage, but remains a valid remedy if the FIR was registered maliciously or without basis.
If You Are the Victim
- Immediately secure CCTV footage from nearby shops and traffic signals. Time is critical — footage gets overwritten.
- Go to the nearest government hospital for a medico-legal examination. Get a certificate of injuries.
- Lodge a zero FIR at the nearest police station without delay. Do not wait to identify the driver.
- Photograph your injuries, the damage to your scooter, and the accident location from multiple angles.
- Contact your insurance company and inform them of the accident. Do not repair the scooter until the insurer's surveyor inspects it.
Documents You Must Keep Ready
- Aadhaar card or any government-issued photo ID for identity proof.
- Copy of the FIR or GD entry from the police station.
- Medico-legal certificate and all medical bills/reports from the hospital.
- Insurance policy documents (both your own and, if available, the offending vehicle's).
- Driving licence of the scooter rider (you).
- RC book (Registration Certificate) of the scooter.
- Photographs of the accident scene, injuries, and vehicle damage.
- CCTV footage (if obtained) — preserve the original copy or a certified copy.
What Evidence Is Required?
- CCTV footage: The most powerful evidence — shows the accident, the fleeing vehicle, and its license plate.
- Medico-legal certificate: Proof that injuries were caused in the accident and their extent.
- Eyewitness statements: Bystanders who saw the accident and can identify the vehicle or driver.
- Vehicle damage assessment: Report from the insurance surveyor or a mechanic documenting the damage.
- Police spot panchnama: A record of the accident location, skid marks, and other physical evidence prepared by the investigating officer.
- Medical bills and discharge summary: Quantifies the financial loss due to medical treatment.
How the Police Behave in Such Cases
In hit-and-run cases, police response varies. In urban centres like Nagpur, they are more proactive — they will visit the scene, seize CCTV footage, and attempt to trace the vehicle through RTO records. However, in rural areas, the response is often slower, and they may try to convince you to settle things informally. If the police are uncooperative, use the zero FIR provision — it bypasses jurisdiction issues and forces the jurisdictional station to investigate. Always get a written acknowledgment of your complaint.
Timeline of Legal Process
- FIR Registration: Day of incident or within 24 hours. Zero FIR is almost immediate.
- Investigation: 30-60 days to collect evidence, trace the vehicle, examine witnesses, and file a charge-sheet.
- Charge-sheet filing: If investigation fails to identify the accused within 60 days, the police can file an untraced report, but the case remains alive.
- Cognizance by Magistrate: Once charge-sheet is filed, the Magistrate takes cognizance within 1-2 weeks.
- Trial: Can take 6 months to 2 years depending upon court backlog and complexity of evidence.
- MACT Claim Filing: Can be filed immediately after the accident and runs in parallel to the criminal case. Disposal in 1-2 years typically.
How Long Will the Investigation Take?
The police are required to complete their investigation and file the final report (charge-sheet or untraced report) within 60 days from the date of FIR, if the accused is in custody. In hit-and-run cases, investigation may take 1-3 months to trace the vehicle and driver. If the vehicle cannot be found, the police may close the case as untraced — but as the victim, you have the right to challenge this before the Magistrate.
Understanding the Costs
The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.
A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.
Can the Matter Be Settled Out of Court?
Yes, but with limitations. The criminal case for rash driving causing hurt (Section 281 BNS) is compoundable — meaning if the driver pays compensation and you agree, the case can be quashed by the High Court. However, the hit-and-run element itself cannot be completely settled because it involves a public wrong. The civil aspect — the compensation claim — is entirely settleable. You can enter into a compromise deed with the driver or the insurance company, and the MACT will record the settlement. Lok Adalat is also an option for both pending criminal and civil matters, offering a faster resolution.
Common Mistakes People Make
- Delaying the complaint — hours matter. Evidence gets lost, CCTV footage overwritten, and the driver vanishes.
- Not getting a medico-legal certificate immediately. Without it, proving injuries later becomes difficult.
- Repairing the scooter without the insurance surveyor's inspection — this can void your own-damage claim.
- Speaking to the police or the driver's lawyer without your own advocate present. Anything you say can be used against you.
- Engaging a lawyer who does not regularly handle motor accident or hit-and-run cases. The procedural and evidentiary nuances — like zero FIR, MACT timelines, and insurance claim procedures — are specific to this domain. A general practitioner may miss critical steps that delay or weaken your case.
- Posting about the accident on social media — it creates an open record that can be misconstrued.
FAQs People Normally Have
What if the CCTV footage is not clear?
Still submit it to the police. Even partial footage showing the colour, model, or direction of travel helps narrow down the vehicle. The police can check RTO records for similar vehicles in the area.
Can I claim compensation for pain and suffering?
Yes. The MACT awards compensation for pain, suffering, and loss of enjoyment of life in addition to medical expenses and loss of income. A doctor's certificate quantifying the disability or recovery period helps.
How long does the MACT claim take?
Typically 1 to 2 years from filing to final award. Some tribunals are faster. You can apply for interim compensation for urgent medical needs.
Do I need a lawyer for the MACT claim?
It is strongly advisable. The MACT process requires evidence, valuation of heads of claim, and cross-examination. Without an advocate, you risk under-valuation or dismissal for procedural defects.
What if the car driver is uninsured?
You can still claim from your own insurance company under your personal accident cover (if included), or from the Motor Vehicles Act Solatium Fund for hit-and-run victims. The MACT will also pass an award against the driver personally, but recovery may be challenging if they have no assets.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India
Facing a similar matter? Speak to a criminal advocate in Delhi — Advocate Sudhir Rao appears in bail, trial and appellate matters before the Delhi District Courts, the Delhi High Court and the Supreme Court of India.