Road accident at night when pedestrian crossing the road

781 votes

Namaste Sir Please do not panic, the offences registered against you are not very serious in nature and the matter can be handled properly with the right approach Section 125 b of the Bharatiya Nyaya Sanhita applies where grievous hurt is caused by a rash or negligent act, it carries punishment up to three years or fine up to ten thousand rupees or both, and it is a bailable offence, so you are entitled to bail as a matter of right and there is no need to fear arrest You are correct that intention is not required for this offence, the police must prove that you were driving rashly or negligently, so the real defence lies in showing how the accident actually happened, through site conditions, eyewitnesses and the manner of collision Your conduct in immediately calling the ambulance and admitting the victim to hospital is very much in your favour, it shows your bona fides and also shows that you complied with your legal duty under the Motor Vehicles Act, so preserve the call record, hospital receipts and the proof of the fifty thousand rupees paid to the family very carefully The offences under Sections 180, 181 and 196 of the Motor Vehicles Act relate to allowing an unlicensed person to drive, driving without a licence and driving an uninsured vehicle, these are minor offences punishable mostly with fine and can be compounded The more important concern for you is civil liability, since the vehicle appears to have had no insurance, if the victim files a compensation claim before the Motor Accident Claims Tribunal, the entire compensation will have to be paid by you personally, and the amount already paid by you can be put forward for adjustment Offence under Section 125 b is compoundable by the injured person, so the best practical course is to settle the matter with the victim, either directly or through Lok Adalat, and once a written compromise is reached the criminal case can be closed and a full settlement can also cover any future compensation claim Please note that merely demanding more money is not a crime by itself, but if the family threatens or harasses you, keep a record of it To guide you further, kindly let me know the nature of injuries suffered by the victim, whether the police have filed the charge sheet, whether you are the owner of the vehicle, the driver or both, and whether any compensation claim has already been filed I would advise you to engage a local advocate immediately to obtain bail when summoned and to explore settlement at the earliest

Advocate Naresh Gaddapati LawRato

653 votes

hi first need to see the allegations mentioned in the offence and if it is based on the false allegations then you could file a quash petition before High Court and based on that you could obtain relief from the Court

Advocate Baddam Aravind Reddy LawRato