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 was riding his two-wheeler in City A when he accidentally hit a pedestrian. The accident resulted in minor injuries to the victim – some body wounds and a minor fracture requiring a crepe bandage. Immediately after the incident, Mr.X took the injured person to a government taluk hospital where the accident was officially registered. The following day, they moved the victim to a private hospital for better treatment. This case highlights the immediate responsibilities and legal obligations that arise when a traffic accident occurs, particularly involving injury to a pedestrian.

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 provide medical assistance to the injured person without delay
• Report the accident to the nearest police station within 24 hours
• Preserve all medical records and hospital receipts for documentation
• Cooperate fully with police investigation while protecting your legal rights

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), several sections apply to traffic accident cases:

• Section 125 BNS – Causing hurt by negligent act
• Section 126 BNS – Causing grievous hurt by negligent act
• Section 281 BNS – Rash or negligent driving of vehicle
• Section 106 BNS – Causing death by negligence (if applicable)

Under Bharatiya Nagarik Suraksha Sanhita (BNSS), procedures for investigation and trial are covered under various sections dealing with cognizable offenses and police powers.

If You Are the Complainant

• File FIR immediately at the nearest police station with complete accident details
• Collect witness statements and contact information of people present at the scene
• Obtain medical examination report from authorized government hospital
• Document all medical expenses and keep receipts for compensation claims
• Engage a lawyer to file appropriate case for compensation under Motor Vehicle Act

If You Are the Victim

• Seek immediate medical attention and ensure all injuries are properly documented
• File complaint with police and insist on proper FIR registration
• Collect details of the vehicle involved including registration number and driver information
• Take photographs of injuries and accident scene if possible
• Apply for compensation through Motor Accident Claims Tribunal

How the Police Behave in Such Cases

Police typically register the case under relevant sections of BNS depending on injury severity. They conduct spot investigation, record statements of both parties and witnesses, prepare accident reconstruction report, and examine medical reports. Police may arrest the driver if the case involves serious injuries or if there are aggravating circumstances like rash driving or being under influence.

FAQs People Normally Have

Can I be arrested immediately after accident? Arrest depends on injury severity and circumstances. Minor injury cases usually result in summons rather than immediate arrest.

What compensation can victim claim? Compensation covers medical expenses, loss of income, pain and suffering, and permanent disability if any.

Is insurance company liable to pay? Yes, third-party insurance is mandatory and covers victim compensation as per policy terms.

How long does court case take? Traffic accident cases typically take 1-3 years depending on complexity and court workload.

What Evidence Is Required?

• Medical examination reports and treatment records from hospital
• Police FIR copy and investigation report
• Vehicle registration documents and driving license
• Insurance policy details of the vehicle involved
• Witness statements and their contact information
• Photographs of accident scene and injuries sustained
• Post-mortem report if case involves death

How Long Will the Investigation Take?

Police investigation typically takes 2-6 months depending on case complexity. Simple accident cases with minor injuries are completed faster, while serious injury or death cases require detailed investigation. Final charge sheet is filed after investigation completion, following which court proceedings begin.

Advocate Sudhir Rao, Supreme Court of India