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 shopkeeper in City A, stepped out from his shop to visit a nearby tea stall in Area X. Since the distance was minimal, he chose not to wear his helmet. While crossing the road, an X.brand goods vehicle struck him, causing severe head injuries and multiple fractures. Mr.X was immediately rushed to the hospital and admitted to the ICU in an unconscious state. The family was devastated seeing their breadwinner fighting for life. The vehicle driver initially tried to flee but was caught by locals. A case was registered at the local police station. The family faced mounting medical bills while Mr.X remained unconscious for several days. This incident highlights the importance of road safety and the legal remedies available when such accidents occur due to negligent driving.

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 file an FIR at the nearest police station detailing the accident
• Preserve all medical records, bills, and treatment documents for compensation claims
• Gather witness statements and contact details of people who saw the accident
• Take photographs of the accident scene, vehicle damage, and victim’s injuries

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), several sections apply to such vehicular accident cases. Section 125 BNS deals with causing grievous hurt by negligence, which is applicable when the driver’s negligent driving results in serious injuries. Section 106 BNS covers causing death by rash or negligent act not amounting to culpable homicide. Section 281 BNS addresses rash or negligent driving on public roads. The Bharatiya Nagarik Suraksha Sanhita (BNSS) governs the procedural aspects, including investigation procedures, arrest provisions, and trial conduct. These provisions ensure that negligent drivers are held accountable for their actions.

If You Are the Complainant

• File FIR immediately at the police station with complete accident details
• Provide medical records showing extent of injuries and treatment costs
• Submit witness statements and their contact information to investigating officer
• Collect vehicle registration details and driver’s license information
• Apply for victim compensation under Motor Vehicle Act through District Collector

If You Are the Victim

• Seek immediate medical attention and ensure all treatments are properly documented
• Keep detailed records of medical expenses, lost wages, and rehabilitation costs
• Avoid giving any written statements without legal counsel present
• Apply for interim compensation from Motor Accident Claims Tribunal
• Consider filing civil suit for damages beyond insurance coverage if necessary

How the Police Behave in Such Cases

Police typically register FIR under BNS sections for causing hurt by negligence. They conduct preliminary investigation, record statements of witnesses and parties involved. Vehicle inspection and accident reconstruction may be performed. The driver is usually arrested if negligence is established. Police prepare detailed accident report and submit charge sheet to court. However, investigation quality varies depending on evidence preservation and witness cooperation.

FAQs People Normally Have

• Can compensation be claimed even if victim was not wearing helmet? Yes, contributory negligence may reduce compensation amount but does not eliminate the right to claim
• How much compensation can be expected? Depends on injury severity, treatment costs, lost income, and age of victim, typically ranging from few lakhs to several crores
• Is insurance company liable to pay? Yes, motor insurance covers third-party liability up to policy limits
• Can settlement be reached outside court? Yes, parties can negotiate settlement with legal guidance, but court approval may be required

What Evidence Is Required?

• FIR copy and police investigation report
• Medical records including admission notes, treatment details, and discharge summary
• Bills for medical treatment, medicines, and ongoing rehabilitation
• Witness statements and their contact information
• Photographs of accident scene, vehicle damage, and injuries
• Income proof of victim for lost wages calculation
• Vehicle registration and insurance documents

How Long Will the Investigation Take?

Police investigation typically takes two to six months depending on case complexity and evidence availability. Criminal trial may extend from one to three years. Civil compensation claims through Motor Accident Claims Tribunal usually resolve within six months to two years. Settlement negotiations can expedite resolution significantly.

Advocate Sudhir Rao, Supreme Court of India