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Unintended bike accident & complainant demanding huge amount
23-Feb-2023 (In Motor Accident Law)
Hi greetings to all. My question is, recently in December 2017 my father met with an accident while he was returning from his duty. While he was driving some animal came on to road to avoid he turned aside and in the process bike hit to another bike coming from front, both of them got injured both the bikes got damages. The other person filed a complaint against my father with my father bike number, police on tracking with RC address they couldn't find the correct address, as the address in RC was our earlier address. Bike third party insurance was also lapsed and not renewed. What are the consequences of the complaint so filed on my father ? The accident so occurred was totally unintentional. Now the party who complained is demanding huge amount. What shall we do now get out of the case. Thanking you in advance.
You did not mention your father’s age. You also did not mention that the opposite side person’s bike position I.e. weather that bike was crossed middle line of the road or your father crossed middle line of the road.? Who violated road rule? If your father is within road rules, your father has no fault and need not pay any amount to the Complainant. But your father is liable to pay fine for driving bike without vehicle insurance. Your father has to prove himself he did not break any road rules
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Adv. P. Sathya Prakash
Warangal | 100+ Answers
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It amounts to contributory negligence.Though it was unintentional on part of your father,but even he has got injured and his bike also got damaged.It was the duty of the complainant also to have taken utmost care.Let him approach the Motor Accidents Tribunal to vent out his grievance and let the court decide.
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Adv. Pushpinder Kaur
Hyderabad | 25+ Answers
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