Motor accident
kehar singh
(Querist) 04 July 2015
This query is : Resolved
Sir,
In most of the vehicle accident cases I have seen that Police allow both the parties (owner of both vehicles) to compromise so that the police need not file Chargesheet etc.
But sometimes neither of the party agrees that he had made the fault as a result the compromise letter cannot be executed.
But I would like to know
(1) what is the maximum penalty that a driver or owner of the vehicle who is found guilty by a court has to face.
(2)Can a police retain either or both the vehicles in Police Station until the case is resolved by a court of law? How can any party take out the vehicle from Police custody after chargesheet is framed by Police ?
P. Venu
(Expert) 05 July 2015
Please inform of specific problem, if any.
dr g balakrishnan
(Expert) 05 July 2015
APPROACH THE RELEVANT POLICE TN FOR NECESSARY FORMALITIES TO TAKE THE CAR OUT WITH THE CONCURRENCE OF INSURANCE CO AGENT.
NONE COULD SAY WHAT COULD BE THE FINE OR COMPENSATION AS A MINIMUM THOUGH INSURANCE COMPANIES FILE THEIR CASES WITH RS.25,000 AS THEIR INITIAL DEPOSIT WITH THE TRIBUNAL.
J K Agrawal
(Expert) 06 July 2015
The fine and punishment depend upon proof of negligence and it is quantified by the damage to the other party.
It is not possible to say what fine would be as it depend totally on mercy of the Court but in death case fine is around 10 to 30 thousand, id case of heavy injuries it may be 2 to 5 thousand. but it is just assumption.
The release of vehicle is not a big task. You can get vehicle back within a week.
