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.

Mr.X, a 75-year-old retired government employee, was involved in a serious road accident while crossing Highway X in City A. He was riding an extremely old vehicle that was not properly registered in the transport department’s database. During the incident on DD/MM/YYYY, Mr.X was crossing the state highway perpendicularly through a median gap when he collided with a vehicle driven by Mr.Y. Mr.X sustained severe injuries and required extensive medical treatment. The accident occurred due to Mr.X’s failure to follow proper traffic rules while crossing the busy highway. Later, Mr.X approached the Motor Accident Claims Tribunal (MACT) seeking compensation for his injuries, medical expenses, and loss of income. The case presented complex issues regarding contributory negligence, vehicle registration discrepancies, and determination of appropriate compensation amount.

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.

File your MACT claim within the prescribed limitation period of three years from the date of accident. Gather all medical records, bills, and income proof immediately after the accident. Consider Lok Adalat proceedings for faster settlement if both parties agree. Document all losses including medical expenses, loss of income, and pain and suffering for proper compensation calculation.

Applicable Sections of Law

Motor accident compensation cases are primarily governed by the Motor Vehicles Act, 2019. Under BNS Section 281 deals with rash or negligent driving causing hurt, while BNS Section 106 covers causing death by negligence. BNSS Section 173 governs the investigation procedure in accident cases. The MACT proceedings follow specific provisions under Chapter XII of the Motor Vehicles Act. Additionally, BNS Section 125 addresses causing grievous hurt by rash or negligent acts. These provisions work together to ensure proper investigation and fair compensation for accident victims through the established legal framework.

If You Are the Complainant

File your claim petition before the appropriate MACT within three years of the accident date. Include all relevant documents such as FIR copy, medical records, income proof, and accident site photographs. Calculate your total losses including medical expenses, loss of earning capacity, pain and suffering, and future medical costs. Engage an experienced lawyer specializing in motor accident cases to represent you effectively. Attend all hearings punctually and provide truthful testimony about the circumstances of the accident. Consider mediation or Lok Adalat settlement if offered reasonable compensation to avoid lengthy litigation.

If You Are the Victim

Seek immediate medical attention and ensure all injuries are properly documented in medical records. File an FIR at the nearest police station and obtain a copy for your records. Collect contact information of witnesses present at the accident scene for future testimony. Preserve all medical bills, prescription receipts, and diagnostic reports for compensation calculation. Document your pre-accident income through salary certificates, ITR, or other relevant financial documents. Avoid giving any written statements to insurance companies without consulting your lawyer. Take photographs of the accident scene, vehicle damage, and your injuries if possible.

How the Police Behave in Such Cases

Police typically register an FIR under appropriate sections of BNS and begin preliminary investigation immediately. They examine the accident scene, record statements of all parties involved, and prepare a detailed spot panchnama. The investigating officer collects evidence including vehicle documents, driving licenses, and insurance papers. Police may also conduct mechanical inspection of vehicles involved to determine the cause of accident. Final investigation report is submitted to the court with recommendations about culpability and charges to be framed against the accused parties.

FAQs People Normally Have

Q: Can I claim compensation even if I was partially at fault? Yes, but your compensation may be reduced based on your contributory negligence percentage.

Q: What if the vehicle doesn’t have valid insurance? You can still claim compensation from the Motor Vehicle Accident Fund or pursue personal liability against the vehicle owner.

Q: How long does MACT proceedings take? Usually 1-3 years depending on case complexity and evidence availability.

Q: Can I settle through Lok Adalat? Yes, Lok Adalat provides faster resolution with mutual consent of all parties involved in the dispute.

What Evidence Is Required?

• FIR copy and police investigation report
• Medical records including hospitalization bills and treatment expenses
• Income proof such as salary certificates, ITR, or business income documents
• Vehicle registration and insurance documents
• Witness statements and their contact information
• Photographs of accident scene and vehicle damage
• Expert opinion on vehicle mechanical condition if required

How Long Will the Investigation Take?

Police investigation typically takes 60-90 days for completion depending on case complexity. Simple cases with clear liability may be concluded within 30-45 days. Complex cases involving serious injuries, multiple vehicles, or disputed facts may require 3-6 months for thorough investigation. The investigating officer must submit the final report within the prescribed time limits under BNSS provisions. Extensions may be granted by the court if additional investigation is genuinely required.

Advocate Sudhir Rao, Supreme Court of India