Filing an fir for road accidents


Dear Sirs,
I would like to know about filing FIR against municipal commissioners, executive engineers and road contractors who are directly responsible for road accidents and the injuries happen to persons in India.
Please advise as I have read and heard about the High Court order authorising citizens to file FIR's with police against the above mentioned authorities.

Best Regards,

Chandrakant Datar

 
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Consultant

when the accident took place

 
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Dear Sir,

Thanks for the instant reply.

The accident has taken place about a month ago. The question is not specific to one perticular accident. I would like to know the procedure so I would talk to people at large and make them aware about this law.

We have a foundation called Vande Mataram Foundation and through that we educate people about the law which they can make use of.

 
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Consultant

still i m not clear with your points, except you run a foundation above named, willing t work for social cause .. but one thing strikes my mind, say for an example A  has been struked by vehical owned by municiapal corporation of respective city, instantly was rushed to the hospital notwithstanding anything that whether A succumbed to death or survied anyhow, but in either case a FIR must have been lodged instantly or within 24 hours to the concerned police station against the name of Unknown or named driver of the vehical, whichever the case may be, and shall have been proceeded the case as per law interalia various issues such as claims etc.... Now you query is, as i understand that you wish to again lodge a FIR against the authorities of the vehicles meted accident, though not under strict liability but under vicarious liability .... but in any case before any comment  i would like to wait for the advice of other expert of this portal ... 

 
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Dear Sir,

Thanks again.

My only point is if a person is injured by an accident WHICH HAPPENED DUE TO PATHETIC ROAD CONDITIONS. Then in that case the condition of road is ONLY responsible.

That is why the FIR can be lodged against the authorities who build and maintain the roads.

Best Regards.

 
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Consultant

oh the case is like that ;) ..

Sir, usually "rash and negligient drivin" are being held responsible for road accident, i haven't assumed of patehtic road condition responsible for road accident .. Though ur querry and point is logical ... as i hv only three years of practise experience i don't know much, so please wait of other experts valuable opinions ... 

Regards 

 
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Consultant

But the better way to collect data on road acciden tand appraoch High court with PIL pointing out the above problem ....
 
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Yes, you are right. We will wait for other experts to put light on the same.

Also, the PIL order in this regard is with me. But, I am not able to understand the exact meaning of the legal words. The wording in the order is as follows:  Please go through the same and in my opinion this gives us enough evidence to show it to the court or police while filing FIR's 

 


  9.      It  is  the obligation of the Civic  Authorities
               and  the  other agencies of the State to secure  to  the
               public  the  means of communication in good  and  proper
               condition.   There  cannot be any justification for  the
               bad  roads in the financial capital of the country.  The
               people of Mumbai contribute hugely to the revenue of the
               Centre,  the  State  and the Civic Body.  Are  they  not
               entitled  to the good civic amenities including roads in
               good  condition?  How long the citizenry would  continue
               to   suffer   bad  roads?   In   the  context   of   the
               constitutional  provisions,  the existence of  roads  in
               reasonable conditions is embraced in the citizens’ right
               to life.  Every person is entitled to ‘life’ as enjoined
               under  Article  21  of the Constitution of  India.   The
               directive  principles have been read into Article 21  to
               make  life  more meaningful and not mere its  existence.
               Good  roads are the necessity to the life.  There has to
               be  roads  for communication in reasonable condition  in                                      -: 12 :-
               view  of  the constitutional imperatives.  This is  well
               settled.   It needs no emphasis.  It is thus  imperative
               for  the  MCGM  to make available proper  roads  to  the
               people  in the city of Mumbai through out the year.  The
               Corporation  has  to  discharge its  constitutional  and
               legal  obligations unfailingly.  What we have said above
               is  applicable equally to all the other authorities like
               Mumbai Metropolitan Region Development Authority, Mumbai
               Port   Trust,   Maharashtra   State   Road   Development
               Corporation,  the Public Works Department and the  Thane
               Municipal Corporation.  It is their duty, responsibility
               and  obligation  to  provide proper roads  within  their
               jurisdiction  to the commuters through out the year.  By
               not doing so, these authorities may expose themselves to
               serious  consequences by infringing the valuable  rights
               of  the  people.  Lest it must be forgotten,  bad  roads
               mean  physical  damage,  huge  economic  loss  and  more
               accidents.   Who  will  be  responsible  for  all  this?
               Obviously,  if  the  condition  of the  roads  does  not
               improve  in the Greater Mumbai and Thane, the liability,
               civil  and criminal, has not only to be fastened on  the
               contractors  but  also  the  officers  of  these  bodies
               responsible for this mess. 

If you need the whole order is with me which I can mail it to you for your kind perusal.

 
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Consultant

Yes Now you posted the creamy things to understand .. kindly mail the whole judgement to pandeyajitabha@gmail.com.... but in any condition we cannot impost strict liabilty upon those authorities in road accident case .. but let me read whole judgement once .. 

 
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