Accident on road
Mahesh
(Querist) 21 June 2023
This query is : Resolved
My friend was coming home from night shift at 4o'clock morning. He was driving his car and speed was around 80 due to less vehicles. When started flyover bridge, street lights were off, no any vehicles were there, he reduced down his car speed, may be to around 60. Suddenly, on flyover bridge, my friend saw someone (beggar kind of person & may be mad, as he has no clothes) crossing the road, and coming very closed to his car. Due to no lights, and beggar was dark in colour, he could see him when he came in the coverage of his car's light. He could not get time to stop his car. He started honking and in a second, the beggar hit by his car. My friend himself called & informed this to nearest police station, cops arrived immediately and shifted beggar to the hospital. Cops lodged FIR, filed case against my friend with some charges (rash driving & all) on him. He tried to convinst them that he has no mistake, but they did not listen. He is in very much tension, and very much de-moralized, & dont know what will happen next with him. he want to have some expert advice on this matter. please guide.
K Rajasekharan
(Expert) 21 June 2023
He will have to face the civil case in the Motor Vehicle Accident Tribunal and the Criminal Case in the criminal court.
The police officer is responsible for conducting both the cases, as per the new Central Motor Vehicle Rules, effective from 1 April 2022.
Advocate Bhartesh goyal
(Expert) 22 June 2023
Your friend will be charged for the offence of rash and negligently driving and also liable to compensate under provisions of Motor vehicle Act
K Rajasekharan
(Expert) 22 June 2023
My write up relating to motor accidents, available at the link below, may help you understand the way in which the procedures move in both the courts.
The link is at https://lawwatch.in/motor-vehicle-accident-its-compensation/
