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Prakash   12 December 2021

Motor Accident

A Car hit a biker, both on their respective right sides. Car's right mirror damaged & broken and with that biker got injured in his 2 fingers led to 4 stitches. Biker file complaint with police, u/S. 279 and 378 IPC.

What is the remedy for the Car, if he's residing somewhere not in the jurisdiction of that police station.

Any details of judgement of SC against the general practice of branding the big vehicle guilty in these type of issues.

Thanks.


Learning

 2 Replies

G.L.N. Prasad (Retired employee.)     12 December 2021

The jurisdiction is the place of accident and the residence of the persons involved is not material.  Better to get a compromise, as if FIR is filed, it involves several complications.  If it is done through Lokadalat, the car owner can get insurance for third-party damages.  If the car is not insured, if the driver is not having a valid license then the problems may be more.

Prakash   12 December 2021

Car is perfect with insurance and driver. as such no trace of a hit on the car, but the right mirror smashed costing 5k.

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