92+ Lawyers are online 
Accident caused by another person who did not have DL
27-Nov-2023 (In Motor Accident Law)
My brother was a passenger on a bike, the rider without a licence borrowed his friend's bike, all of whpm are stidents. Two people on a bike without helmet crashed in at high speed on my brother and his friends from the side, the passenger of the other party is critically injured. Even though they caused the accident, they have imputed the fault on my brother and his friend, filing a case, wrongly accusing them of high speed, now police have put my injured brother under house arrest even thouh he was only a passenger, demanding compensation from my brother, his friend who rode the bike, and from the owner of the bike who lend the bike. The police called them to station at 5pm on 27th Nov 2016, demanding either a compensation now or could even face imprisonment, the police said they will ask from the family how much compensation they are demanding. We are not from Bangalore but from Mizoram and they are a local people. My brother's friend is a farmer's son unable to afford even a lawyer
It is an offence to drive a vehicle without Driving License.
Section 4: Age limit for obtaining driving license -
• Two Wheelers below 50 CC -16 years
• Other Motor Vehicles - 18 years
• Transport Vehicle - 20 years
Section 5: Owner not to allow any person to drive the vehicle without Driving Licence ( D.L ). Example - If son/daughter is driving a vehicle owned by parent without D.L, parent can be prosecuted, though the parent may not be present at the time of the offence.
Section 19: The Regional Transport Officer (RTO) can disqualify persons from holding driving licence or revoke the same if the person -
• is a habitual criminal or habitual drunkard
• is a habitual addict to any narcotic drug or psychotropic
• substance within the meaning of the Narcotic Drugs and Psychotropic Substance Act, 1985 (61 of 1985)
• is using or has used a motor vehicle in the commission of a cognizable offence
• has by his previous conduct as driver of a motor
• vehicle shown that his driving is likely to be attended with danger to the public has committed any such act which is likely to cause nuisance or danger to the public.
Section 20: On conviction of an offence under Motor Vehicles Act or an offence in the commission of which a motor vehicle was used, the Court can disqualify the person concerned from holding driving license apart from imposing any other punishment.
For the following offences, disqualification is mandatory -
i) not stopping the vehicle when required to do so by any Police Officer not below the rank of Police Sub-Inspector in uniform if the vehicle is involved in a road accident (Section 132)
ii) not shifting the victim of the accident in which his or her vehicle is involved to the nearest Hospital/ Medical Practitioner (Section 134)
iii) not giving, on demand by a Police Officer, any information required by him (Section 134)
iv) not reporting the occurrence of accident to insurer (Section 134) v) driving by a drunken person or by a person under the influence of drugs (Section 185)
vi) driving dangerously (Section 184)
vii) racing and trials of speed (Section 189)
viii) using vehicle without registration (Section 192)
Section 4: Age limit for obtaining driving license -
• Two Wheelers below 50 CC -16 years
• Other Motor Vehicles - 18 years
• Transport Vehicle - 20 years
Section 5: Owner not to allow any person to drive the vehicle without Driving Licence ( D.L ). Example - If son/daughter is driving a vehicle owned by parent without D.L, parent can be prosecuted, though the parent may not be present at the time of the offence.
Section 19: The Regional Transport Officer (RTO) can disqualify persons from holding driving licence or revoke the same if the person -
• is a habitual criminal or habitual drunkard
• is a habitual addict to any narcotic drug or psychotropic
• substance within the meaning of the Narcotic Drugs and Psychotropic Substance Act, 1985 (61 of 1985)
• is using or has used a motor vehicle in the commission of a cognizable offence
• has by his previous conduct as driver of a motor
• vehicle shown that his driving is likely to be attended with danger to the public has committed any such act which is likely to cause nuisance or danger to the public.
Section 20: On conviction of an offence under Motor Vehicles Act or an offence in the commission of which a motor vehicle was used, the Court can disqualify the person concerned from holding driving license apart from imposing any other punishment.
For the following offences, disqualification is mandatory -
i) not stopping the vehicle when required to do so by any Police Officer not below the rank of Police Sub-Inspector in uniform if the vehicle is involved in a road accident (Section 132)
ii) not shifting the victim of the accident in which his or her vehicle is involved to the nearest Hospital/ Medical Practitioner (Section 134)
iii) not giving, on demand by a Police Officer, any information required by him (Section 134)
iv) not reporting the occurrence of accident to insurer (Section 134) v) driving by a drunken person or by a person under the influence of drugs (Section 185)
vi) driving dangerously (Section 184)
vii) racing and trials of speed (Section 189)
viii) using vehicle without registration (Section 192)
Helpful?
11+
11+
Adv. Siddhant Sharma
Delhi | 500+ Answers
Chat
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Motor Accident lawyers for your specific legal issue
No Comments! Be the first one to comment.
- Time taken between filing of chargesheet and first appearance
- Accident caused - victim underwent treatment for 2 months and died.
- Accident ho gya h, Aadmi Gambhir chot h, koma me h
- Summoned by Court by court In accident case and false accusations
- Summoned by Court by court In accident case and false accusations
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
