Road accident - Procedure to be followed
Gopalan
(Querist) 23 May 2011
This query is : Resolved
I went in my car and hit a pedestrian. The pedestrian was injured in her leg. I was taken to a nearby police station along with my vehicle by a traffic constable and the injured lady was rushed to a government hospital. The lady is not interested in compromise and she wants to register a case/FIR. From this point of time, please let me know the procedure to be followed, roles and responsibilities of different parties (myself, police, RTO, insurance company, court and the injured pedestrian) and approximate timelines. Please assume 2 scenarios - 1. The injury is curable 2.It becomes a permanent disability.
Guest
(Expert) 23 May 2011
1. The procedure is under Indian penal code for offence and compensation under the motor vechile act 1988. FIR registered, vehicle sent to inspection in RTO, case investigated and if it is real charge sheet will be filed and the court will issue summons for offences u/s 279, 337/338 of IPC. you have to contest the case in criminal court(J.M).
2. Apart from above based on the FIR, the injured complainant will filed a Motor accident claim petition before a tribunal and claim compensation against you, insurance company. IF you have valid D.L and insurance coverage you are saved. otherwise the court will order you to pay compensation to the injured.
3. After accident you have to report the accident to the insurance company in order avoid problems/policy violations etc.
K.C.Suresh
(Expert) 24 May 2011
Ganeasan Sir answered.
Guest
(Expert) 24 May 2011
I endorse the advice of Mr. Ganesan.
Gopalan
(Querist) 24 May 2011
Thanks a lot Mr. Ganesan. Can you please help to understand the timelines in a small town like Kodaikanal? How many times I may have to go to that town to get this case closed? Is there an option to get it transferred to another City? I am working in another city far away from this town. How to minimize the number of trips to that town?
I have valid DL and insurance. What will be the maximum money I may have to spend (court fine & compensation).
M/s. Y-not legal services
(Expert) 24 May 2011
