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M H MOHAN (clerk)     20 July 2013

Ipc 279/338& mv act 3/181

I had given my scooter for repair/service to a local mechanic. The accident caused by the mechanic had resulted a grevious injuries to a motorcylist.

The mechanic had accepted his crime before the police & arrested and is on bail. Both the mechanic & the motorcylist MLCs had been done.

The problem is the mechanic had no driving l/c, and was driving the vehcile on wrong side due to which the accident had occured

In this scenario, i had been issued notice to appear before the court. Kindly advice what is the maximum punishment a court can order against me for the crime which i had not committed. The only fact is the scooter from which the accident occured is registered in my name.

regards

mohan in delhi

 

 



Learning

 3 Replies

Ashok, Advocate (Lawyer at Delhi)     20 July 2013

Section 180 of the Motor Vehicles Act, 1988, is reproduced below for your information:

 

180. Allowing unauthorised persons to drive vehicles.—Whoever, being the owner or person in charge of a motor vehicle, causes, or permits, any other person who does not satisfy the provisions of Section 3 or Section 4 to drive the vehicle shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both.”

 

 

Thus, allowing a person to drive your vehicle, when he does not have a driving licence, may entail a punishment of imprisonment up to three months, or with fine up to one thousand rupees, or with both.

M H MOHAN (clerk)     20 July 2013

as  normal invdividual i had given my vehicle for servicing to the mechanic.

and the mechanic had driven the vehicle, later on i came to know that he does not hold the driving l/c ,

 

what claim can the complianant can file against me, as i had not done anything wrong, i been involved becuase the vehicle belongs to me.

regards

mohan

M H MOHAN (clerk)     24 July 2013

kindly guide me..... with this case........ i had given my vehcile for servicing to the mechanic..... and not for a jay driving spell......... but without my knowledge he had driven my vehcile and caused the accident.. i came to know about the accident from the police after 3rd day from the exact date of accident

 

regards

mohan in delhi


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