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

A few years ago, Mr. Sameer and his wife were traveling on an overnight bus operated by ‘Galaxy Travels’. Their journey took a tragic turn when a tipper truck collided with their bus near the outskirts of a city called Vishnupur. The impact was severe, and in the ensuing chaos, Mr. Sameer’s wife suffered a grievous injury, resulting in the amputation of her right arm. The bus driver promptly filed an FIR against the truck driver, initiating a criminal case. However, nearly two years have passed, and the case has seen minimal progress. The cross-examination of witnesses is still pending, leaving the couple in a state of prolonged distress and uncertainty. They are now seeking ways to accelerate the legal process and find a resolution.

Advice in such cases

Dealing with the aftermath of a road accident involves navigating two parallel legal tracks: the criminal case against the negligent driver and a civil claim for compensation. Delays are unfortunately common, but there are steps you can take.

• File for Compensation Immediately: Alongside the criminal case, you must file a claim petition before the Motor Accident Claims Tribunal (MACT) to seek compensation for the injury, medical expenses, loss of income, and suffering. This is a separate proceeding from the criminal case.
• Track the Criminal Case: Actively follow up on the status of the criminal case. You can file an application in the concerned court to expedite the trial, citing the prolonged delay and the hardship faced by the victim.
• Communicate with the Investigating Officer (IO): Maintain regular contact with the IO to ensure all necessary evidence is collected and the charge sheet is filed properly and promptly.
• Gather Your Own Evidence: Do not rely solely on the police. Collect all medical bills, treatment records, disability certificates, proof of income, and photographs of the injury. This will be crucial for the MACT 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

Applicable Sections of Law

The legal framework for such incidents is primarily governed by the Bharatiya Nyaya Sanhita (BNS) and the Motor Vehicles Act.

• Section 119 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section deals with causing grievous hurt by an act that endangers human life or the personal safety of others. The driver of the truck could be prosecuted under this section.
• Section 166 of the Motor Vehicles Act, 1988: This is the key provision for claiming compensation. An application can be filed by the person who has sustained the injury. The claim is filed at the MACT having jurisdiction over the area where the accident occurred or where the claimant resides.
• Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): The new procedural code, BNSS, outlines the investigation and trial procedures. It has provisions aimed at expediting the investigation and trial process, which your lawyer can leverage to push the case forward.

If you are the complainant

As the complainant (or someone associated with the complainant, like the victim), your role is crucial in ensuring the criminal case moves forward.

• Assist the Prosecution: Cooperate fully with the public prosecutor who is handling the case. Provide them with all information and evidence you have. Your testimony as a witness is vital.
• File for Expedited Hearing: If the trial is being delayed without valid reasons, your lawyer can file an application before the trial court or even approach the High Court, requesting directions for a speedy trial.
• Monitor the Proceedings: Ensure your lawyer is present on every date of the hearing and is actively pushing for the examination of witnesses to be completed.
• 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

As the victim, your primary focus should be on securing fair compensation for your loss and suffering.

• Focus on the MACT Case: The MACT claim is independent of the outcome of the criminal case. Even if the driver is acquitted in the criminal case, you can still be awarded compensation by the MACT. The standard of proof in MACT cases is a preponderance of probabilities, not beyond a reasonable doubt.
• Document Everything: Keep meticulous records of all expenses related to the accident: hospital bills, physiotherapy, transportation, attendant charges, and any loss of earnings. A disability certificate from a competent medical board is essential to prove the extent of permanent disability.
• Do Not Settle for a Low Amount: Insurance companies may try to offer a quick but low settlement. It is crucial to have your claim properly assessed by a lawyer to understand the full compensation you are entitled to, which includes amounts for pain and suffering, loss of amenities, and future loss of earnings.
• 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 accident cases involves several steps. Upon receiving information, they will register an FIR (First Information Report). The Investigating Officer (IO) is then tasked with visiting the accident spot, preparing a site map, seizing the vehicles involved, getting them mechanically inspected, and recording statements of witnesses. They will also collect the medical records of the injured. Once the investigation is complete, they file a final report or ‘charge sheet’ in the court. Delays can occur due to a heavy workload, difficulty in tracing witnesses, or administrative lapses. It is important to stay in touch with the IO to ensure your case does not get neglected.

FAQs people normally have

Can I file a compensation case if the criminal case is still pending?
Yes, absolutely. The MACT compensation case is a civil proceeding and can be filed and pursued independently, regardless of the status of the criminal case.

Who pays the compensation – the driver or the insurance company?
If the vehicle at fault was insured, the compensation awarded by the MACT is paid by the vehicle’s insurance company. The primary liability is of the owner and driver, but the insurance company indemnifies the owner.

What if the driver of the other vehicle runs away (hit-and-run)?
You can still claim compensation under the Solatium Scheme as per the Motor Vehicles Act, which provides for fixed compensation in hit-and-run cases where the vehicle cannot be identified.

What evidence is required?

For a strong compensation claim, you will need:

• Copy of the FIR.
• Medical records, including discharge summary, bills, and prescriptions.
• Disability certificate issued by a government hospital’s medical board.
• Proof of income of the victim (salary slips, IT returns, etc.).
• Proof of age and identity of the victim.
• Original bills for all expenses incurred.
• Statements of any eyewitnesses.

How long will the investigation take?

Under the new Bharatiya Nagarik Suraksha Sanhita (BNSS), there is a greater emphasis on timely investigation. Ideally, the police should file the charge sheet within 90 days from the date of arrest. However, practical delays can extend this period. If there is an undue delay, your lawyer can file an application in court to seek a status report from the police and request directions to complete the investigation promptly. The duration of the MACT case can vary from one to three years, depending on the complexity of the case and the workload of the tribunal.

Advocate Sudhir Rao, Supreme Court of India