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: This is a motor accident case. A pedestrian crossing a divider hit a scooter, but the rider is being sued. Under Indian law, a person crossing a divider is negligent, but you still face criminal and civil liability. The insurance verification call is routine; don't panic. Your legal defense is strong if you had valid documents and acted responsibly. The office of Advocate Sudhir Rao can help you navigate the claims process and protect your interests.
This happened in late January 2025, in Nagpur. The client, Arjun Mehta, was riding his Bajaj scooter near the Sitabuldi area. A pedestrian, Rohan Gupta, climbed over the road divider to cross—and stepped directly into Arjun's path. Arjun couldn't stop in time. The collision knocked both down.
Arjun had minor bruises. Rohan was worse—a fractured leg. Arjun didn't flee. He rushed Rohan to Orange City Hospital. He had a valid driving license, insurance from HDFC Ergo, and all documents in order.
But Rohan's family filed a police complaint. The FIR was registered under Section 281 BNS (rash driving or act endangering human life). Arjun got scared. He first consulted a neighbourhood advocate—who told him to simply settle out of court. That didn't help. The insurance company then called for a "verification." Panic set in.
That's when Arjun approached the Chamber of Advocate Sudhir Rao. Advocate Sudhir Rao and his office reviewed the FIR, the scene photos, and Arjun's documentation. The key was the pedestrian's own negligence—crossing a divider is an offence under the Motor Vehicles Act. The office argued that Arjun had not been rash; the pedestrian's act was the direct cause. The insurance company accepted the defense. The criminal case was eventually closed after a negotiated settlement on the medical costs. Advocate Sudhir Rao's domain expertise in accident and motor vehicle law helped secure the order in Arjun's favour.
Key Facts of the Case
- The pedestrian, Rohan Gupta, crossed a road divider—an act of jaywalking prohibited under the Motor Vehicles Act, 1988.
- Arjun Mehta had a valid driving license, valid insurance (HDFC Ergo), and all documents.
- Arjun took the injured pedestrian to a hospital immediately after the accident.
- An FIR was registered under Section 281 BNS (rash driving or act endangering life).
- The insurance company initiated a verification call to assess the status of the case and investigate potential fraud or liability denial.
- No criminal intent or negligence was proven against Arjun—the pedestrian's own negligence was the primary cause.
- The case was disposed of after a settlement on medical costs, with no conviction on Arjun.
The Direct Legal Answer
Yes, this situation is common. The insurance company's call is standard procedure. They check if the claim is genuine, if the police case is active, and if there's any risk of a third-party liability suit against you. They're not accusing you—they're doing their job.
What happens during insurance verification?
The insurer will ask for the FIR number, your license, insurance policy, vehicle registration, and hospital records. They may ask if you've been arrested or if charges were framed. Answer factually. Don't speculate. Don't admit fault. The call is recorded.
Can I be held liable?
Possibly. Even if the pedestrian was negligent, you can still be sued. The Motor Vehicles Act creates "no fault" liability—the owner/driver is liable for compensation regardless of fault in certain cases. But your insurance covers this. You just need to cooperate.
Should I pay anything out of pocket?
Not without legal advice. Your insurance policy covers third-party liability. Let the insurance company handle the claim. Paying the injured party directly could hurt your defense—they may accept money and still file a criminal case.
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 speak to the police without a lawyer present. Insurance verification is routine, but a lawyer can guide you on exactly what to say and what not to. Keep all documents—license, insurance, hospital receipts, photos of the scene—ready. And here's the thing: if the pedestrian's own negligence caused the accident, your lawyer can file a counter-complaint or at least use it to weaken their case.
This type of matter requires advocates with domain-specific experience. A general practitioner may not know how insurance clauses work or how to challenge an FIR under the new BNS provisions. Procedural and evidentiary nuances—like proving the divider crossing through CCTV or witness statements—are often missed by non-specialists.
Applicable Sections of Law
Under the Bharatiya Nyaya Sanhita (BNS), 2023, the key provision is Section 281—"Rash driving or riding on a public way." It applies when a person drives a vehicle in a manner endangering human life. The punishment under this section is imprisonment for up to 6 months, or a fine of up to Rs. 1,000, or both. It is a cognizable, bailable, and compoundable offence.
Under the Motor Vehicles Act, 1988, Section 146 mandates third-party insurance. Section 147 covers the scope of insurance. Section 163A creates "no fault" liability—compensation up to a fixed amount without needing to prove fault.
Punishment and Penalties
Under Section 281 BNS, the maximum punishment is imprisonment for up to 6 months, or a fine up to Rs. 1,000, or both. The offence is cognizable (police can arrest without a warrant), bailable (bail is a right), and compoundable (the parties can settle and the case can be closed). In practice, first-time offenders with valid documents and no serious injury rarely face conviction—especially if the pedestrian's own negligence is proven.
Jurisdiction — Where to File the Case
The case is filed at the Magistrate court that has territorial jurisdiction over the place of the accident. In Nagpur, the accident in Sitabuldi falls under the jurisdiction of the Judicial Magistrate First Class, Nagpur. For insurance claims, the Motor Accidents Claims Tribunal (MACT) at the district level has exclusive jurisdiction. Filing in the wrong court can cause delays and dismissal, so it's critical to confirm jurisdiction early.
What if Police Refuse to File FIR?
In this case, the FIR was already filed against the scooter rider. But if you're the victim and police refuse to file an FIR, here's what to do:
- Approach the Superintendent of Police (SP) under Section 173(4) BNSS with a written complaint.
- If still no action, file a private complaint before the Judicial Magistrate under Section 175(3) BNSS.
- The Magistrate can direct the police to register an FIR under Section 175(4) BNSS.
- As a last resort, file a writ petition in the High Court for a direction to register an FIR.
Rights of the Accused
As the accused in the criminal case, Arjun had these rights:
- Right to remain silent: Article 20(3) of the Constitution—no one can be compelled to be a witness against themselves. Don't confess or apologize to the police.
- Right to legal representation: Article 22—you have the right to a lawyer. The police must inform you of this right.
- Right to be produced before a Magistrate: Within 24 hours of arrest (Article 22, Section 57 BNSS).
- Right to copy of FIR: You can get a free copy of the FIR from the police station.
- Right to know grounds of arrest: Section 52 BNSS—the police must inform you of the grounds of arrest immediately.
Bail Provisions
Section 281 BNS is bailable. That means bail is a right, not a favour. The police can grant bail at the police station itself—they just need to issue a bail bond. If the police refuse, you can apply for bail before the Magistrate under Section 480 BNSS. In non-bailable offences, you'd need to approach the Sessions Court for regular bail or anticipatory bail (Section 482 BNSS for anticipatory bail), but that's not applicable here. Your strategy should be to get bail immediately—delay increases the chance of arrest and custody.
Quashing of FIR / Case
Quashing the FIR is an option under Section 528 BNSS (inherent powers of the High Court). You must file a petition before the High Court. Grounds include no prima facie offence, abuse of process, or compromise between the parties. Given that the pedestrian's own negligence was the cause and the offence is compoundable, quashing after settlement is a viable strategy. But the High Court won't quash if there's serious injury or death. Here, with a fractured leg and no criminal intent, quashing is possible—but only after the insurance claim is settled.
If You Are the Victim
If you're the pedestrian or a victim in such an accident:
- Get medical treatment immediately. Keep all hospital records, bills, and prescriptions.
- File an FIR—don't delay. A delayed complaint weakens your case.
- Collect evidence: photos of the scene, the vehicle, the driver's documents, and witness statements.
- Claim compensation through the Motor Accidents Claims Tribunal (MACT). Your compensation is covered by the vehicle's insurance, not the driver's pocket.
- Consult a lawyer for the MACT claim—the procedure is technical, and the compensation amount depends on income, injury severity, and permanent disability.
Documents You Must Keep Ready
- Aadhaar card and other ID proof
- Driving license (valid at the time of accident)
- Vehicle registration certificate (RC)
- Insurance policy (third-party or comprehensive)
- FIR copy (free from the police station)
- Hospital records, discharge summary, medical bills (both parties)
- Photos of the accident scene, vehicle damage, and injuries
- Witness statements or contact details
What Evidence Is Required?
- Primary evidence: The damaged scooter, the pedestrian's injuries, your license and insurance documents.
- Secondary evidence: CCTV footage from nearby shops or traffic cameras showing the divider crossing.
- Eyewitness statements: People who saw the pedestrian climb the divider.
- Medical records: Proving that you took the pedestrian to hospital immediately.
- Police papers: FIR, panchnama (scene inspection), and final report.
- Your own statement: Recorded by police or insurance, but only with a lawyer present.
How the Police Behave in Such Cases
Police in Nagpur typically treat road accident cases under Section 281 BNS as standard. They will arrest only if they suspect rashness or intoxication. With valid documents and immediate hospitalisation, arrest is unlikely. The police will record statements, do a panchnama, and file a chargesheet. They may pressure you to "settle" with the pedestrian—but don't admit fault. If you cooperate and have a lawyer, they'll release you on bail quickly. The larger hurdle is the insurance verification—police are not involved there.
Timeline of Legal Process
- Day of accident: FIR registration and medical treatment. Bail granted at the police station.
- 1-3 weeks: Police investigation—panchnama, witness statements, scene visit.
- 1-2 months: Chargesheet filed in Magistrate court if the police find sufficient evidence.
- 2-6 months: Cognizance taken by the Magistrate. Framing of charges. The accused (you) can plead guilty or seek compounding.
- 6-12 months: Trial or settlement. The case is compoundable, so a settlement ends it quickly.
- 1-2 years: Appeal if convicted (rare for minor accidents). Insurance claim at MACT may run parallel.
How Long Will the Investigation Take?
The police investigation in a simple accident case under Section 281 BNS usually takes 2 to 4 weeks. The chargesheet must be filed within 60 days for a bailable offence, or 90 days for a non-bailable one—but here it's bailable, so 60 days max. The insurance company's verification process is separate and faster—usually completed within 10-15 days of the call.
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. Section 281 BNS is a compoundable offence. That means the parties can settle—usually by the accused paying the victim's medical costs and some compensation. The settlement is recorded before the Magistrate, and the case is closed. The Motor Vehicles Act also allows for mediation and Lok Adalat for insurance claims. Settlement is advisable when the pedestrian's injury is moderate and the police case is weak. But don't settle without a lawyer—a poorly drafted settlement can leave you exposed to a civil suit later.
Common Mistakes People Make
- Admitting fault to the police or insurance: Don't say "I'm sorry" or "I didn't see him." Your words are recorded and used against you.
- Engaging a lawyer without domain experience: A general civil lawyer may not know the motor accident claims procedure or how to challenge an FIR under BNS. Domain-specific experience affects procedural strategy, evidence handling, and outcome. Choose wisely.
- Paying the victim directly: Let your insurance handle the compensation. Paying out of pocket can be seen as an admission of guilt and complicate the insurance claim.
- Ignoring the insurance call: Don't dodge the verification. It's routine. Missing it can lead to policy cancellation or claim denial.
- Posting on social media: Don't discuss the case on Facebook or WhatsApp. Screenshots become evidence.
- If you're the victim, not filing the FIR immediately: Delay weakens your claim for compensation.
FAQs People Normally Have
Will I go to jail?
Unlikely. Section 281 BNS is bailable, and first-time offenders with valid documents rarely face custody—especially with a lawyer present. You'll get bail at the police station itself.
Can my insurance cover the pedestrian's claim?
Yes. Third-party insurance covers the pedestrian's medical costs and compensation up to the policy limit. The MACT will decide the quantum. Your premium may rise, but you won't pay out of pocket.
What if the pedestrian files a false case?
Then you fight back. Your lawyer can file a counter-complaint under Section 248 BNS (false charge) or seek quashing of the FIR. Evidence like CCTV footage showing the divider crossing will help you win.
Do I need a criminal lawyer or a civil lawyer?
Both. You need a criminal lawyer to handle the FIR, bail, and quashing. You also need a motor accident claims specialist for the MACT proceedings. Many firms (like Advocate Sudhir Rao's office) handle both.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India