Two wheeler under police custody !
Rio Fernandes
(Querist) 30 September 2010
This query is : Resolved
Dear Sir/s
i had lent my motorbike to my car driver to go to his house and come back but instead he went roaming and caused and an accident by colliding head on with another 2 wheeler . Both got injured , my driver escaped with some minor injuries and the other was addmitted in a gov. hospital for treatment. since no case or panchnama was conduted i went and brought my bike and repaied it. AT THE TIME OF ACCIDENT MY VEHICLE INSURANCE HAD EXPIRED. The accident took place on the 1oth of march 2010 and tan FIR was registered at the police station against my Driver on the 14th of march 2010. The police came and took my bike into custody. I hired an Advocate to release my bike but the court told me to keep 40000 as bond and some 20000 also to release my bike since the complainant had a fracture, to which i told my advocate to stop the process.My reason being the worth of the bike is not even 12000 as on date since it is 6yrs old. So why should i keep a bond of 40000 and block the money.
Now i'm not in touch with my advocate and aslo the bike. Could you please advise me what to do next.
Should i forget about the bike?
or should i try to release it ?
Case is going on against the driver. Will i be held responsible? will i have to pay any penaly or compensation? please advice.
Sukhija
(Expert) 30 September 2010
The bike can be released on bond & u will be required to produce it when asked to do so, u cannot sell it without order of the court.No cash is to be deposited by u for release of bike on bond.
Arvind Singh Chauhan
(Expert) 30 September 2010
You are misinterpreting the meaning of bond, Bond means you have to give in writing to court that whenever court orders that bike should be produced to court, you would produce the bike. In case of failure you will have to pay 40000/-. You have not to deposit the amount.
Criminally you are not liable, but if the injured claims under MACT, as your bike was not insured you may be liable for compensation.
Vinod Singh Tomar
(Expert) 01 October 2010
Mr. Arvind is correct so far as it relates to criminal case. Driving and using a vehicle without insurance on public path / place is also an offence under motor vehicle act an accordingly you may be penalized under the said act. Apart from this, if the complainant approaches to MACT for compensation, you will be liable to compensate him/ her as you do not have your vehicle insured even commonly called third party insurance and legally means statutory insurance.
Rio Fernandes
(Querist) 04 October 2010
I would like to thank all the honourable lawyers for their quick and prompt reply.
Can you please tell me if I can fight this case If the comlainant approaches MACT for compensation ?
