Dinesh Babu Chandran (Freelancer) 01 July 2014

In case of accident, fir is filed against which party?

Hi,

Two days before I had met with an accident around 7:50PM. I was driving my Yamaha Fazer in a double road, all of a sudden a person jumped across, from other side of the road crossing the pavement without signalling/ indication, without headlight (with a wrong/ prohibited turn) in his TVS XL Super and we had a perpendicular hit. Myself and the other person sustained injuries. Since, the police person usually patrols that place, the police-person sent us to the hospital and took custody of both the vehicles.

After a day's time I visited the police station to inform about the incident. The police-person say's that though the fault is with the other person, the FIR would be filed on the person who posses a bigger vehicle (That's me). Is that true?

Note: I have the RC book, Comprehensive Insurance & other vehicle related documents, for my vehicle up to date.

Please help me with a quicker reply! Thanks in advance!

Regards,

Dinesh

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2 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 25 July 2014

Dear,

Police people must be joking around, its never the case and FIR is registered per se on the clear allegations.

Advocate Kapil Chandna

9899011450

VIRAJ KADAM (Advocate Supreme Court of India) 28 July 2014

Dear Friend

That's wrong. The police is under duty to register an FIR for any accident. However, police across the Country do not follow any guild lines. In your case there would be cross FIR's even the other guy is entitled to put is case on paper against you. The police guy must have recorded your statement after the accident, if he has not then put your written complaint to the police and ask then to register FIR. If they don't then send the same copy to the Police commissioner of your area. If that don't work then file 156 complaint to the Court of Magistrate. Also, file application for recovery of your property/bike. You should be more worried about getting you bike back and your insurance claim. Don't worry much for FIR.

Regards

VIRAJ KADAM

Advocate, Supreme Court of India

virajkadam@gmail.com