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Susan (sw engg)     13 December 2010

car accident

Hello ,


I need some help. Recently my friend was driving his car at night 11 30 returning from office. He hit a motor bike which came suddenly from the gap in the median. My friend took the victims to the hospital and paid the advance of 20K. One victim the driver surived but the other guy expired after 2 days. Though there was no mistake of my friend he took them to hospital. Now the victim's relatives kept a case and want my friend to be arrested. I want to know what can be done now? Does my friend needs to pay any compensation to the victim's family? If yes, how much would it be? Please let me know the procedure to be followed. My friend has all the documents of the car and insurance too.


Thanks in advance.



 8 Replies

adv. rajeev ( rajoo ) (practicing advocate)     13 December 2010

On whom FIR is filed, eventhough your friend is arrested he will be immediately released by the police only, if he is produced before the court then also no problem he will be released on bail by taking a surety.  If your friend's car is insured and covered 3rd party risk then he need not to pay any compensation and very important is valid driving license.

Susan (sw engg)     13 December 2010

What would be the amount that should be paid if any to the dead victim's family? and should my friend pay it?

Hemanth Kumar (student)     14 December 2010

Dear susan,

If your friend is having a valid driving license and car which he was driving have a valid insurance.

Please contact an advocate in your area.

Thanks & Regards


Chintala G Raju (Commander)     14 December 2010

Hello, I was driving my car and was hit by a motor cyclist from the opposite side, as I had stopped my car immediately, both of us did not sustain any physical injuries.  The car got badly damaged and estimates to nearly Rs. 1 lakh, the motor cyclist does not a valid driving license and the motor cycle is in the name of his employer and does not have insurance,  a police case has been registered and I am told the motor cyclist will be charged under IPC 279 and will be fine on producing to traffic court.  My car has comprehensive insurance, however, I was told I will be incurring about Rs. 50 thousand from my side,  I would like to know, is the motor cycle owner in any way liable for paying compensation in this case, thanks & regards

Susan (sw engg)     16 December 2010


The FIR has been filed on my friend by the relatives of the dead victim saying that it was because of rash and negiligent driving, but which is actually not the real case. It was the mistake of the bike guy who came suddenly from the gap in the median. In the FIR it was written like my friend has hit the bike from back while driving negligently. It happened during the night when no one was around at the spot and they gave some fake evidences in the FIR. What can be done now? Can we file a report again? We need the help badly. Everyone is asking for money. It had cost a lot till now to get the bail. Please do the neeful. Waiting for the reply

Thanks in advance


Dr.Sidharth Arora (Advocate)     27 December 2010

If  you have a valid DL/insurance/and you were not drunk........not to worry....MACT cae will be handled by insurance company.


Criminal case will ultimately end in plea bargaining.....which is negotiable across the table...


Why are you in such unfortunate but okay...happens in cities...Don't worry


Dr.Sidharth Arora



Dr.Sidharth Arora (Advocate)     27 December 2010


     Don't pay a penny.Also don't expect any money from the motor cyclist.

The insurance will pay him....just carefully manage the MACT proceedings...



Dr.Sidharth Arora



1 Like

Chintala G Raju (Commander)     31 December 2010

@ Dr. Sidharth Arora,

Thanks for the response, I would like to update on the case, 

1. the motorcyclist has been charged under IPC 279 and produced in the court of 4th Special Metropolitan Megistrate and has been fined Rs. 1200/- for rash or negligent driving and punished under Sec 181, 196 of MV Act for not having DL and Insurance of motor cycle. The owner of the motor cycle who is also the employer of the motor cyclist has not been implicated in any way. 

2.  I have got my car repaired through the authorized dealer. Cost of repairs is Rs. 55,648/- of which Rs. 38,474 is paid up by my car insurance.  Balance of Rs. 17,174/- has been paid by me. 

Please advise me if I can take up case against the owner of the motor cycle for compensation against the damages(for at least the damages that I have incurred) and for any other issues.   Thanks once again, 

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