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My parents met an accident. Due to lack of sign board by government.
05-Sep-2023 (In Motor Accident Law)
My parents met an accident due to newly made speed breakers without any signal, colours signboard or any types of warning signs. Now my mom is serious and under treatment. We couldn't inform police coz mother was in very serious condition. Now what should I do please let me know briefly and please help me. I need justice.
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 Section279/337 against the person and also stating the grevious hurt to you.
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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