Accident between bus and two wheeler
mahesh
(Querist) 23 May 2015
This query is : Resolved
Good Morning sir,
My father is working as a BUS driver in RTC. One day while he was driving at palamaneru, a small accident occurred due to negligance driving by BIKE driver. Later my father went to police station to file a complaint against him. But the police told that, when an accident occured between bus and scooter, case will be filed against only on bus driver, due to heavy vechicle when compared to bike.
Like wise they filed a case against my father as per section 137 & 138. Some other person given a suggestion that, if you went for arguing with court, it take some years to close the case. Instead of that if you pay fine in court, they will close the case at now itself.
By there suggestions my father paid fine of Rs.1900 in Magistrate of first class, palamaneru and closed the case. Know, the opposite person (BIKE driver) went to court for claiming insurance on BUS.
Accident occurred on 15.04.2014
Fine paid on 08.10.2014
Bike driver went for court to claim insurance on bus on 01.05.2015
Nearly One year completed on happening of Accident. Plz suggest me how should i move further?
MY FATHER NOT COMMITED ANY MISTAKE WHILE DRIVING. INSTEAD OF ROTATING AROUND THE COURT FOR MANY YEARS, MY FATHER PAID FINE. THATS ALL.
PLZ PLZ PLZ HELP ME HOW SHOULD WE MOVE FURTHER....
Sudhir Kumar, Advocate
(Expert) 24 May 2015
Your father is fined. This is a conviction. No appeal filed.
The guilt of your father stands admitted in the criminal court and the decision is binding on all courts in India. Now he cannot argue that accident did not happen or he had no negligence.
Sudhir Kumar, Advocate
(Expert) 24 May 2015
Further since the negligence is admitted in court then your father should feel lucky because deptt is not initiated disciplinary proceedings in addition to criminal case which they are entitled.
malipeddi jaggarao
(Expert) 24 May 2015
"Bike driver went for court to claim insurance on bus on 01.05.2015". In which way it affects your father? Your father is already fined. The Bike Driver might have incurred some expenses for repairs due to accident and he has got every right to claim insurance. Since your father is fined, punishment is over. He has no role except giving evidence if required. The insurance claim will have tobe settled by the owner of the bus/or the insurer of the bus.
Sudhir Kumar, Advocate
(Expert) 24 May 2015
agreeing with Mr Jaggarao I will deviate that the driver is also one of the respondent in MACT case.
Sudhir Kumar, Advocate
(Expert) 24 May 2015
Simply because your father had admitted charged and fine gone to Govt budget that does not mean that the other party will not sue for damages due to accident.
P. Venu
(Expert) 24 May 2015
"Bike driver went for court to claim insurance on bus on 01.05.2015" What do you mean by this statement? Has he gone to MACT?
T. Kalaiselvan, Advocate 
(Expert) 28 May 2015
Normally the government buses are not insured hence the RTC of that division along with the driver are made respondents in the claim case in MACT. In this case chances that since the driver has admitted his mistake and paid fine the department may absolve its responsibility by throwing the burden of claim on the driver, so better to handle the case through an expertise lawyer.
Sudhir Kumar, Advocate
(Expert) 29 May 2015
the RTC may not be able to avoid liability as accident happened during course of duty and not during misuse.
But after paying amount they can take disciplinary action against the the driver (even if court case is closed) for having not performed duty well and having caused loss to the employer. If they go harsher and if their rules so permit (which normally do) they can treat court fine as conviction and proceed without chargesheet and award departmental punishment.
