blame by pillion rider

Querist : Anonymous (Querist) 28 October 2010 This query is : Resolved
Respected sirs/madams,
reference-my post on 25/10/10.though I received replies till some doubts are there.I
could not do FIR & inform insurance company because of serious injuries{head injuries}in
road accident(motorcycle).after recovery I came to know that my pillion rider who was also got injured had put claim petition in
MACT, blamed me for rash driving.in the petition copy I found in 1st page-accused no-1-the tempo driver,no-2 me& no-3 my insurance company and in the final page the tempo driver only mentioned as accused.what does it mean? am I also an accused?what shoulu I do now.can I file a case against pillion rider for blaming?
pl.suggest.
Regards.

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Raj Kumar Makkad (Expert) 28 October 2010
Two cases are filed in such matters. One is criminal case wherein driver of the offending vehicle only is inserted as an accused person and the another case is filed before MACT after some days of first case which is meant for seeking compensation due to injuries/disabilities etc.. In this petition three respondents are included viz. 1. driver 2. owner of offending vehicle 3. insurance company of offending vehicle.

In your MACT petition, you being owner have been included as respondent no. 2 but if you were also driver of the offending vehicle then you shall be petitioner no. 1 & 2 also. Pilion rider has no cause of action to file the petition against the driver of his own vehicle means against the person who was driving the vehicle upon which he was sitting behind. This petition can be got disposed off in the light of this provision.

sheeba (Expert) 28 October 2010
Sorry I have not gone through your querry of 25.10.2010. Instead from the present question, I could understand that you met with an RTA and so for no FIR had been lodged. Now the pillion rider moved a claim petition before the MACT. So please verify the FIR, Charge etc in this regard.

It is difficult to understand that even after being injured seriously, the hospital authorities have not informed the police.

Please do come back with full facts so that I will be able to help

Anyways after lodging an FIR stating the facts, you can also move an application before the MACT .