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Relative got injured in 2 wheeler accident but the case is against us.
18-May-2023 (In Motor Accident Law)
My relative got 2 wheeler accident but the opponent filed a case against us. my relative got severe injured in leg bone brake and he was operated in hospital 3 days before. the opponent was going Front, he suddenly put brake and my relative didnt have control he slipped and fell down. The opponent didnot have a single scratch in his body. he filed a case against us becoz he is a police man. he is expecting money from us. Even in the police station they didnot take our complaint. they took his policeman complaint and they are threatening us jointly. Kindly help us this situation.
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 .
If the police is not taking the criminal complaint then you can send the complaint by registered post marking a copy to police commissioner and stating the relevant facts that police is not taking your complaint. Further please keep the postal slip of post office with you.
After 15 days you can file an application under section 156 before the magistrate thereby seeking directions for investigation and registering FIR. Once the FIr is registered then 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.
In addition to above, to claim compensation you have to file a separate petition under Motor Vehicle Act in the Motor Accident Claim Tribunal.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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