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Can a complaint be filed when the culprit fled from accident spot
27-Apr-2023 (In Motor Accident Law)
Can I file mact case against the culprit but the culprit was not caught and fled from the accident spot, the vehicle is unknown. Can a zero FIR be filed ?
When an accident takes place, a case is registered by the Local Police. In your case as the person has died, the criminal case will attract Section 304 A of the Indian Penal Code which provides for offences relating to death due to negligence. The State has to prove that the accident took place with your scooter and you were 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. It is also to be proved that the pedestrian was not at any fault. 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 | 500+ Answers
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