Using mobile while driving
Querist :
Anonymous
(Querist) 13 March 2018
This query is : Resolved
Dear all
First of all thank you having a club like this.
This is regarding an event happened today. I was riding my 2-wheeler and from nowhere water splashed on me. For my surprise it was from the windscreen water jet from a car to the left of me. it was persistent for about 5-7 seconds and then he/she drove the car in greater speed. I increased the speed and followed him/her. At one point I brought my vehicle in front of his/her car and realized that he was using his mobile. He too stopped the vehicle and I mentioned it to him that because of his negligence water splashed on me. He was, needless to say, unapologetic and mentioned that what could he do. The important part comes here. I used two bad words. I moved towards my vehicle and clicked a photo of his car.
My query are as following:
1) Can I file a case against him for using mobile while driving? I do not have a video or a photo for this. The only proof is that the water splashed because he was using his mobile while driving.
2) What punishment will I be having since I used two bad words?
3) When I file a case the Police usually asks for my address. Is there a law wherein they are not supposed to mention my details (address or number) to that person/party against whom I file a case? I do not mind being there in person. My only issue is my address should not be mentioned.
Thank you in advance.
Vijay Raj Mahajan
(Expert) 13 March 2018
Using Mobile phone while driving can get the person fined for Rs5,000/- as per Amended/New Motor Vehicle Act., nothing more. The photograph taken of the person using mobile while driving be passed on to traffic police of the district where the incidence happened with the time, date and place details. Your identity has nothing to do with the traffic challan as the report of the traffic police (along with his photograph using cell phone while driving) good enough for imposing the fine on the person. The traffic challan will reach him with help of his motor vehicle number details.
Querist :
Anonymous
(Querist) 13 March 2018
No, the photo was not taken while he was using the mobile. I took it after I stopped his vehicle for the reference of existence of his vehicle behind me and for the number plate. Is that evidence sufficient? I know the exact time when he was using the mobile, though.
Thank you so much.
Dr J C Vashista
(Expert) 15 March 2018
If you are seeking obligation from experts FREE OF COST you will have to disclose your identity as per rules of this platform. No reply for anonymous author.
Querist :
Anonymous
(Querist) 15 March 2018
Hello!!
This is Swathi Rao K. Since I had the option of going anonymous and I am new to the community, I thought I would remain anonymous for sometime. Thank you.
Querist :
Anonymous
(Querist) 15 March 2018
Dear Vijay Raj Mahajan sir,
Thank you so much!! I went to the Police and registered a complaint. The issue is resolved.
