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

Mr. and Mrs. Verma from the city of Anandpur recently faced a harrowing experience. They had booked a cab through a popular ride-hailing service, “SwiftRide,” for a family outing. During the journey, the driver, Mr. Kumar, was driving recklessly and at high speed, ultimately crashing into a stationary commercial vehicle. The impact was severe, and their young child, Anjali, sustained grievous injuries, including a complex fracture that required immediate surgery.

The aftermath has been a nightmare for the Verma family. Their child is in significant pain, confined to a cast, and unable to participate in her usual activities, including attending her playgroup. The incident has caused immense emotional trauma and mental stress to the entire family. Despite filing a First Information Report (FIR) against the driver, the response from SwiftRide has been deeply unsatisfactory. The company has only offered to reimburse the medical bills, completely ignoring the family’s claim for compensation for the trauma, negligence, and the long-term care the child will require. This has left the family feeling distraught and financially strained, as they are unable to focus on their work while caring for their injured child.

Advice in such cases

If you find yourself in a similar unfortunate situation, it is crucial to act methodically to protect your rights and ensure justice for your child.

• Prioritise Medical Care: The foremost priority is to ensure your child receives immediate and the best possible medical attention. Keep all medical records, bills, prescriptions, and doctor’s reports meticulously.
• Document Everything: Take photographs and videos of the accident scene, the vehicles involved, and the injuries sustained. Preserve the trip details from the ride-hailing app as proof.
• File an FIR: Immediately report the incident to the nearest police station and file an FIR against the driver for rash and negligent driving. This is a critical first step for any legal action.
• Inform the Company: Formally notify the ride-hailing company in writing (via email) about the incident, the injuries, and your intention to seek compensation. Keep a record of all correspondence.
• 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

Several Indian laws come into play in such incidents, providing avenues for seeking justice and compensation.

• Bharatiya Nyaya Sanhita, 2023 (BNS): The driver can be prosecuted under the BNS for their negligent act.
  • Section 114 (Causing grievous hurt by act endangering life or personal safety of others) is applicable for serious injuries.
  • Section 115 (Causing hurt by act endangering life or personal safety of others) can be applied for less severe injuries.
• The Motor Vehicles Act, 1988: This is the primary legislation for claiming compensation in road accidents.
  • A claim petition can be filed under Section 166 of the Act before the Motor Accidents Claims Tribunal (MACT). The MACT is a specialised court designed to provide swift compensation to accident victims. The claim can be filed against the driver, the owner of the vehicle, and the insurance company.
• The Consumer Protection Act, 2019: Since you hired the cab as a service, the ride-hailing company can be held liable for “deficiency in service.”
  • A complaint can be filed in the appropriate Consumer Disputes Redressal Commission seeking compensation for the negligence and poor service that led to the accident.

If you are the complainant

As the person initiating the legal proceedings on behalf of your child, you need to be proactive.

• Ensure the FIR is registered correctly and you have a copy.
• Engage a lawyer to file a claim petition in the MACT. This is the most effective route for claiming comprehensive compensation covering medical costs, pain, suffering, and future needs.
• Simultaneously, you can pursue a case in the Consumer Court against the ride-hailing aggregator for their failure to ensure passenger safety, which constitutes a deficiency in service.
• 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

While your child is the direct victim, as parents, you are also victims of the circumstances. Your focus should be on care and documentation.

• Maintain a detailed file of all medical treatments, including physiotherapy, future check-ups, and any long-term care recommendations.
• Keep a journal documenting the child’s pain, suffering, and the impact on their daily life and mental well-being.
• Track all associated expenses, including travel to and from the hospital, special dietary needs, and any other costs incurred due to the accident.
• Document any loss of income you or your spouse have suffered due to taking time off work to care for your child.
• 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

Upon receiving a complaint about a road accident involving injury, the police are legally bound to register an FIR under the appropriate sections of the BNS. Their role includes investigating the accident, collecting evidence like eyewitness statements, inspecting the vehicles, and preparing a Detailed Accident Report (DAR). This report is crucial for the MACT proceedings. While the police are generally cooperative, procedural delays can occur. A lawyer can help in liaising with the police to ensure the investigation proceeds efficiently and a charge sheet is filed in court in a timely manner.

FAQs people normally have

Who is legally responsible for compensation – the driver, the vehicle owner, or the ride-hailing company?
Liability is multi-layered. The driver is directly liable for their negligence. The owner of the vehicle is vicariously liable. The vehicle’s insurer is liable to pay the compensation determined by the MACT. The ride-hailing company (like SwiftRide) can also be held liable for deficiency in service and for failing to ensure the safety of its passengers, especially under consumer law.

What kind of compensation can we claim?
Compensation is awarded under various heads, including:

• Medical Expenses (Pecuniary Damages): All past, present, and future medical costs.
• Pain and Suffering (Non-Pecuniary Damages): For the physical pain and mental anguish suffered.
• Loss of Amenities: For the inability to enjoy regular life activities.
• Loss of Income for Parents: Compensation for the income lost while caring for the child.
• Future Care: Costs associated with any long-term treatment or disability.

What evidence is required?

To build a strong case, you will need comprehensive evidence, including:

• Copy of the FIR and the police charge sheet.
• All medical records, bills, discharge summary, and prescriptions.
• Doctor’s certificate detailing the nature of injuries and disability, if any.
• Photographs of the injuries and the accident scene.
• Proof of the booking from the ride-hailing app.
• Testimony from eyewitnesses, if available.
• Proof of all expenses incurred, including travel and accommodation if necessary.
• Proof of parents’ loss of income (salary slips, employer’s letter).

How long will the investigation take?

The duration can vary. The police investigation and the filing of a charge sheet typically take a few months. The proceedings in the Motor Accidents Claims Tribunal can be lengthy, often taking anywhere from a year to several years to reach a final decision, depending on the complexity of the case and the workload of the tribunal. A case in the Consumer Court might be resolved more quickly, but the MACT is the specialised forum for accident compensation claims and often yields more comprehensive relief.

Advocate Sudhir Rao, Supreme Court of India