Accident cases

Querist : Anonymous (Querist) 03 July 2024 This query is : Resolved
my friend was stand on the road with his bike a side at a time a government vehical bus over take to orther bus in the mean while the bus drive done an accident to my friend he was emergeny to take to the hospital

after two days we have given a complante to police station

police man ask the bike papers and my friend linsenc , we have given , but there is no use because my frine not paid incurence for bike last 4months.

ther is no income to my friend doctor advice that he have to take minimum 4 months bed rest back bone was damege

ther is no support from police man also

what shoud we can do, we cant effort money

after 1 week the bus driver was going his duty

please some one can we any suggest please

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Quick Summary

A friend was seriously injured when a government bus overtook another bus and collided with his stationary bike. Despite reporting the incident, police are unhelpful as the bike was uninsured for four months, and the friend has no income for medical expenses or bed rest. The bus driver has returned to duty, and the family is struggling to afford treatment. Advice suggests pursuing compensation through the Motor Accidents Claims Tribunal (MACT) and filing a case against the driver and employer, as the police cannot provide financial assistance. The lack of insurance on the friend's bike presents a significant legal challenge, but the bus driver's negligence is also a key factor.

kavksatyanarayana (Expert) 03 July 2024
The insurance is not made but it is not their duty. You submit a request to the SP of the Police of your district to take action on the complaint you or someone else made.

T. Kalaiselvan, Advocate (Expert) 03 July 2024
If your friend was standing on the road at the time of accident then it is the bus which has to pay the insurance compensation amount.
Police have nothing to do with the accident case.
They will register FIR and prosecute the driver.
They cannot arrange for funds for medical expenses.
Your friend has to manage the expenses and then file a case for compensation before MACT.

Sudhir Kumar, Advocate (Expert) 04 July 2024
You friend brought uninsured vehicle on the road.
This is a matter of traffic fine which your friend will face or else his bike will not be released.

This is the biggest defence that the driver and his employer will raise that complainant vehicle was not insured. So your friends lawyer has to be sharp

But at the same time the driver of bus has no business to locate uninsured vehicle and damage it.

Your friend will in addition to FIR file a case before MACT for claiming the financial loss for treatment/ leave/ vehicle repair / trauma firm driver and his employer.

driver being got employee may be keen for settlement of FIR.

But the driver cannot pay the damages from his pocket and his company will have to pay which they will pay only after order of MACT, being govt organization they will not pay anything without court order be sure about it.

So compromise of FIR should be by caution.

P. Venu (Expert) 23 July 2024
Admittedly, the injured person had been admitted in the hospital. If a real case, FIR ought to have registered in due course, even in the absence of the complaint from the injured person.

The remedies that could be pursued in the MACT are independent of the Police Report. However, a Police Report would be really helpful and supplement the injured person's evidence.

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