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Complaint of Motor Accident.

(Querist) 02 August 2008 This query is : Resolved 
When there is accident between motor cycle and truck, and if motorcyclist get injured and admitted directly to hospital or left from the place, and if truck driver files complaint against motorcyclist u/s.279 IPC 184 MV Act, even after having negligence on his part. It is reveled after investigation that motor cyclist was not wrong, what will be effect on the complaint, who complaint will dispose off, whether chargsheet against truck driver can be filed.
Sarvesh Kumar Sharma Advocate (Expert) 02 August 2008
file a cross fir against truck driver for his negligence .then i.o.will file chargesheet in d court.
bhagwant (Querist) 03 August 2008
could u give me provisions, and any landmark judgment by apex court
bhagwant (Querist) 03 August 2008
What is to done of original complaint 'B'summery with prosecution? or 'c'summery or prosecution u/s.182 IPC, o
ESTHERPRIYA (Expert) 04 August 2008
Under the MV act the huge vehicle gets the liability to prove that it has not rash and negligently drove the vehicle. Thus ultimately the truck can be held liable no the motor cyclist.
Srinivas.B.S.S.T (Expert) 04 August 2008
The IO has to file a case against the truck driver under section 338 IPC as the motorcyclist sustained bleeding injuries.

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