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car accident involving self
15-May-2023 (In Motor Accident Law)
My Son aged 23 years met with car accident . He was driving . His friend hurt badly . Car is total loss . MLC report says no alcohol . However the other person has now registered a case under section 279/337 . Car is insured comprehensive. Basically it is to extract money in the guise of this case . please suggest what to do . Accident happened on 23rd April and the case is registered today . The car is with me at my father's place
A motor accident has two facets, one is the commission of criminal offence and the other is compensation claim.
The person responsible for causing the accident by negligent driving is liable to be booked for criminal offence, further liable to pay compensation to the victim. If he was driving rashly then we suggest you to lodge an FIR in the police station under Section 279/337 against the person and also stating the grevious hurt of your friend.
The State will thereafter prove that the accident took place with whose and who was driving the same rashly and negligently. In such cases the statements of the eye witnesses (if any) to the accident is required to be produced during the trial.
To claim compensation you have to file a separate petition under Motor Vehicle Act in the Motor Accident Claim Tribunal. Even if the fault of driver is not proved still the legal heirs of the deceased will be entitled to "no fault liability" from the Insurance Company.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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