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Sarita Kumari   26 January 2022

Accident

Hello everyone!!!

Can someone help me with the below query?

A guy purchased a car and approx after a month when he was travelling with his family, a truck dashed him who was driving rashly and negligently. Luckily none got injured, but the car got damaged. He called up the police who did the panchnama, thereafter, the police handed over the panchnama report to the complainant and asked him to take this under MACT. The police denied to lodge an FIR for rash and negligent driving and imposed a fine of just Rs.800 and left the driver and released the truck to the owner. The complainant was requesting to lodge an FIR ab initio, but, the police denied n still not ready to lodge. Can someone, who deals with such cases, suggest me what should be done now or what would be the further process?


 14 Replies

Dr J C Vashista (Lawyer)     27 January 2022

File your claim with jurisdictional Motor Accident Claims Tribunal against damage to property through a local prudent lawyer.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     27 January 2022

Without an FIR, no insurance company will entertain your claim and without informing a cop, no FIR will be issued. Therefore, you must obtain your FIR copy at the earliest. Absence of vital information Usually after an accident, most people are busy getting the details such as driver's name, his license, etc.

PALLABH HALDAR   27 January 2022

First FIR needs to be registered if they refuse write an application to SHO that FIR is not being registered later on you can approach the Magistrate.

Because matter regarding compensation is filed in MACT and FIR will be registered against truck Driver under sec 279 ipc

Sarita Kumari   27 January 2022

Thank you all for your reaponses. The guy approached the police who just did the punchnama and denied to register an FIR stating that there is no injury to any person. Further, they asked the guy to take the documents and file the case with MACT. When he approached the Magistrate, he also said that in such cases no FIR is filed. Occurance of an accident and damage of car itself is an act of negligence and rash driving, that I feel should be registered as an FIR, but, the same is being denied by the police and the Magistrate.

Aryan Raj   27 January 2022

Dear Sarita,

Under section 279 of the Indian penal code, if a vehicle owner drives a motor vehicle in a reckless or negligent manner that may cause injury to another person or endangers human life, such rash and negligent driving behaviour is deemed an offence. The driver is obligated to pay the penalty and shall be penalised for driving carelessly, according to Section 279 IPC of the MV Act.

For rash and negligent driving, a violation of section 279 IPC carries a penalty of Rs 1000 as well as the possibility of imprisonment for up to 6 months. In some instances, a person may face both the penalty and the possibility of jail. The severity of the incident and the type of infraction determine the severity of the penalty for rash driving in India.

Therefore you can file the FIR under these provisions. 

Regards,

Aryan Raj 

Dr J C Vashista (Lawyer)     28 January 2022

Get FIR registered u/s 279 / 427 IPC and lodge your claim before MACT.

Aryan Raj   28 January 2022

Dear Sarita,

Since you mentioned that police isn't lodging the FIR, you can also file an application under section 156(3). If an application is submitted with the Magistrate, the Magistrate can order the FIR to be registered as well as a proper investigation if the aggrieved party claims that no proper investigation was conducted.

Regards,

Aryan Raj 

Sarita Kumari   28 January 2022

Thank you Sir for your suggestion.

Aryan Raj   28 January 2022

Also you can refer to Section 154(3) in The Code Of Criminal Procedure, 1973-

If the police station officer refuses to record the information referred to in subsection (1) of section 154 may send the substance of that information, in writing and by post, to the Superintendent of Police concerned, who, if satisfied that the information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate.

You can reach out to the Superintendent of Police for help according to this provision.

Regards,

Aryan Raj 

Sarita Kumari   28 January 2022

Thank you Aryan Sir for the information and suggestion. your knowledge is highly appreciated.

Also, thanks to Dr. JC, Mr. Rama Chary and Mr. Pallabh for their suggestions and guidance. Much appreciated.

Dr J C Vashista (Lawyer)     29 January 2022

You are most welcome.

G.L.N. Prasad (Retired employee.)     29 January 2022

There are certain advocates which mostly deal with such Motor accident cases alone, it is seconds job to get it done through them.

Dr J C Vashista (Lawyer)     30 January 2022

@ Sh. G L N Prasad,

Are you sure about your comments wherein you have stated, inter alia, that, ".....it is seconds job to get it done through them......."
 

 

G.L.N. Prasad (Retired employee.)     30 January 2022

Yes, even with just a call to the police as FIR is a Public record.  There are many 'touts' in the accidental business and for poor and illiterate persons that are not aware of such claims and even hit and run cases without a clue on such vehicle details, they undertake the tasks right from filing a complaint to the settlement of insurance claim, after taking a POA from the dependants/ victims.  They make a bargain pay a certain amount, get the account opened with a bank of their choice, obtain signed cheque leaves or ATM cards with such PIN for taking the ultimate sum from the settled claims.  This sum ultimately maybe twice or thrice more than the actual amount paid to the victim.  Do not question me whether it is ethical or not, but poor and illiterate persons have no alternative and keep margins on such expenses involved in managing things, they maintain working relationships with all persons involved, they run their profession or business. 


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