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 approached me regarding his father Mr.Y’s road accident that occurred on DD/MM/YYYY between 3-4 AM on a highway in Area X. The incident happened in a remote forest area with no CCTV cameras or street lighting. What made the case particularly complex was that someone had apparently placed Mr.Y’s motorcycle on its side stand after the accident, creating confusion about how the incident actually occurred. The motorcycle sustained only minor damage, but Mr.Y was injured. The circumstances suggested a possible hit-and-run scenario, but the evidence was limited due to the remote location and timing of the incident. Mr.X needed guidance on pursuing both criminal and civil remedies for compensation and justice.

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 an FIR immediately at the nearest police station, even if the accident location is unclear
• Document all medical expenses and treatment records meticulously
• Contact your insurance company and the Motor Accident Claims Tribunal for compensation

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), Section 281 deals with rash or negligent driving, while Section 106 covers causing death by culpable homicide not amounting to murder if fatalities occur. Section 125 of BNS addresses hit-and-run cases. Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), Section 173 governs the investigation process and Section 154 deals with FIR registration. The Motor Vehicles Act also applies for compensation claims through the Motor Accident Claims Tribunal.

If You Are the Complainant

• File FIR under relevant sections of BNS for rash driving and hit-and-run
• Collect all medical records, bills, and income loss certificates
• Gather witness statements from anyone who may have seen the aftermath
• File a claim petition before the Motor Accident Claims Tribunal
• Preserve all physical evidence including damaged vehicle parts and clothing

If You Are the Victim

• Seek immediate medical attention and maintain detailed treatment records
• Report the accident to police as soon as possible, even from hospital
• Inform your insurance company about the accident within the stipulated time
• Do not admit fault or give statements without legal counsel present
• Keep copies of all documents including discharge summary and medical certificates

How the Police Behave in Such Cases

Police typically conduct a preliminary investigation including spot inspection, recording statements of witnesses and the injured party. They may visit the accident site to collect physical evidence and prepare a rough sketch. In remote area accidents, police often face challenges in evidence collection. They usually register cases under relevant sections of BNS and may seek technical expert opinions for vehicle examination. The investigation timeline depends on the complexity and availability of evidence.

FAQs People Normally Have

• Can I get compensation without identifying the offending vehicle? Yes, you can claim from the state compensation scheme for hit-and-run cases
• What if there are no witnesses? Medical evidence and circumstantial evidence can still support your case
• How much compensation can I expect? Compensation depends on injury severity, income loss, and medical expenses incurred
• Can I pursue both criminal and civil cases simultaneously? Yes, criminal proceedings and compensation claims run parallel

What Evidence Is Required?

• Medical reports and treatment records from the hospital
• Police panchnama and FIR copy
• Photographs of the accident site and damaged vehicle
• Income certificates and salary slips for compensation calculation
• Witness statements, if available
• Insurance policy documents
• Post-mortem report in case of fatality

How Long Will the Investigation Take?

Police investigations in road accident cases typically take 2-3 months to complete, depending on evidence availability and case complexity. In remote area accidents with limited evidence, investigations may take longer. The Motor Accident Claims Tribunal proceedings usually conclude within 6-12 months, though complex cases may extend further. Criminal cases generally take 1-2 years for final disposal in trial courts.

Advocate Sudhir Rao, Supreme Court of India