Md Shadab Ansari (Law Student & Human Rights Activist....) 11 May 2009

One of my frnd had an accident the other vehicle runaway....

Hi to all,

One of my frnd had an accident and the other vehicle who hit the bike runaway and my frnd had serious injury....Police had seized the bike. The bike had no insurance.What action police can take against my frnd n what is the procedure to take the bike out from police custody.

Thanks

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6 Replies

Diptesh (Service) 12 May 2009

If there is no negligency of your friend, police can not take any action against your frnd. Everything will be depand on FIR. Your frnd can released the bike with simple court procedure but he has to produced the guarentor for the same and also deposit the fine as the court immpose for non insurance of the vehicle. Even your frnd can file a claim against the vehicle owner, and insurance company who hit your frnd.

Md Shadab Ansari (Law Student & Human Rights Activist....) 12 May 2009

Thank u sir.

Swami Sadashiva Brahmendra Sar (Nil) 13 May 2009

driving a motor vehicle on public place without third party insurance, is a punishable offence.

Md Shadab Ansari (Law Student & Human Rights Activist....) 14 May 2009

Thanks to all.

yogita (student) 14 May 2009

Setion 196 MV Act 1988 "punishable with imprisonment which may extend to three months, or with fine which may extend to one thousand rupees, or with both"

I think your friend is primarily at fault of driving uninsured vehicle so difficult for him to prove his innocense at the same time extremely difficult to prove the involvement of the other vehicle and its fault. Hence, compensation under section 166 not advisable.

He can try under section 140 - intrim, no fault.

In one of the MVC case the court has asked insurer to litigate a matter where driver/owner provided the medical aid to the victim. Remark -> it is unfortunate if the person provided medical aid has been asked pay the compensation. Insurance companies get enough premium to fight the cases.

It is unfortunate but true in India that people dont stop and provide medical aid just because they have to undergo complicated legal cases, both criminal and MACT. This must be changed.