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.

In December last year, my client Rajesh Kumar was driving his Maruti Swift on the Pune-Nashik State Highway near Manmad when an elderly man, approximately 70 years old named Ramesh Patil, suddenly crossed the median divider on his old unregistered TVS moped. The collision occurred when Patil drove directly into Kumar’s lane from the opposite direction, resulting in a T-bone accident where Kumar’s front bumper struck the moped’s left side. Both parties sustained injuries and were rushed to different hospitals – Kumar to Sahyadri Hospital and Patil to Government Civil Hospital. Patil suffered multiple fractures and internal injuries, while Kumar had minor injuries but significant vehicle damage. The police registered an FIR and began investigating the circumstances, particularly focusing on Patil’s unregistered vehicle and violation of traffic rules by crossing the median illegally.

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.

Immediately inform your insurance company about the accident and file a claim. Document everything including photographs of the accident scene, vehicle damages, and medical reports. Never admit fault at the accident site and avoid making any statements to police without legal representation. Collect witness contact information and ensure all medical treatment is properly documented for potential compensation claims.

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), Section 281 deals with rash or negligent driving causing hurt, while Section 106 covers causing death by negligence. The Bharatiya Nagarik Suraksha Sanhita (BNSS) Section 173 governs police investigation procedures in such cases. Motor Vehicles Act provisions regarding unregistered vehicles and Section 184 for dangerous driving also apply. Additionally, BNS Section 125 may apply if there’s criminal intimidation or threats following the accident.

Relevant Legal Precedents

Various High Courts have established that the burden of proof lies on establishing which party was negligent in road accidents. Supreme Court has consistently held that violation of traffic rules creates presumption of negligence. Courts have ruled that driving unregistered vehicles on public roads constitutes contributory negligence. The principle of comparative negligence is often applied where both parties share fault to different degrees.

If you need specific judgement references for your case, you can contact Adv. Sudhir Rao on his helpline numbers for detailed legal research and citations.

If You Are the Complainant

• File FIR immediately at the nearest police station with complete details of the accident
• Gather all medical reports and treatment bills for compensation claims
• Document vehicle damage through photographs and authorized mechanic estimates
• Collect witness statements and contact information for court proceedings
• File insurance claims with all supporting documents within prescribed time limits

If You Are the Victim

• Immediately seek medical attention and ensure all injuries are properly documented
• Preserve all medical records, bills, and prescriptions for compensation purposes
• Do not give any written statements without consulting your lawyer first
• Calculate total damages including medical expenses, vehicle damage, and lost income
• File a petition before Motor Accident Claims Tribunal for fair compensation

How the Police Behave in Such Cases

Police typically conduct on-site investigation, prepare sketch maps, and record statements from both parties and witnesses. They examine vehicle documents, driving licenses, and check for traffic violations. In cases involving unregistered vehicles, police may impound the vehicle and file additional charges. Investigation includes medical examination of injured parties and alcohol/drug tests if suspected. Final report considers traffic rules violations, road conditions, and contributory negligence factors.

FAQs People Normally Have

Can I claim compensation if the other party was driving an unregistered vehicle? Yes, you can still claim compensation, but the unregistered status may affect the insurance coverage available.

What happens if the elderly person dies from injuries? The case becomes more serious under BNS Section 106, potentially leading to culpable homicide charges depending on negligence determination.

How long do I have to file an insurance claim? Most insurance companies require intimation within 24-48 hours and formal claims within 7-15 days of the accident.

What Evidence Is Required?

• FIR copy and police investigation report
• Medical reports and treatment records of all injured parties
• Vehicle registration documents and insurance papers
• Photographs of accident scene, vehicles, and injuries
• Witness statements and contact information
• Traffic violation records and driving license verification
• Expert mechanical assessment of vehicle damages

How Long Will the Investigation Take?

Police investigation typically takes 2-3 months depending on complexity and severity of injuries. If there are serious injuries or fatalities, investigation may extend to 6 months. Court proceedings for compensation claims usually take 1-2 years in Motor Accident Claims Tribunal. Criminal case proceedings, if filed, may take 2-3 years for final disposition depending on court schedules and evidence complexity.

Advocate Sudhir Rao, Supreme Court of India