Car accident with two wheeler!

Issue: Leg Injury from accident increases to cause temporary or permanent disablement. As a direct result of your accident?

Can FIR be filed by the victim? 

Rule:  MVA 1988

142. Permanent disablement.

For  the purposes  of this  Chapter, permanent disablement  of a  person shall  be deemed  to have resulted from an  accident of  the nature  referred to  in sub-section  (1)  of section 140 if such person has suffered by reason of the accident, any injury or injuries involving--

1. Permanent privation of the sight of either eye or the hearing of either ear, or privation of any member or joint; or

2. Destruction or permanent impairing of the powers of any member or joint; or

Permanent disfiguration of the head or face.

134. Duty  of driver  in case of accident and injury to a person.

 When any  person is  injured or  any property  of  a  third  party  is  damaged, as  a result  of an  accident in  which a  motor  vehicle  is involved, the  driver of  the vehicle or other person in charge of the  vehicle shall-

1. unless  it is not practicable to do so on account of mob fury or  any other reason beyond his control, take all reasonable steps to secure medical attention for the injured person, and, if necessary, convey him to the nearest hospital, unless the injured person or his guardian, in case he is a minor, desires otherwise; 

2. give  on demand  by a  police  officer  any  information required by  him, or, if no police officer is present, report the circumstances of  the occurrence, including the circumstances, if any, for  not taking reasonable steps to secure medical attention as required  under clause  (a), at  the nearest police station assoon as possible, and in any case within twenty-four hours of the occurrence.

Analysis:  Proper Medical care given and Proper information to the police was also given. Accident did not cause and serious injury of temporary or permanent disablement. Neither was the victim in the hospital bed for more than 1 day  to result in permanent disablement. Doctor only advised rest for swollen leg. No serious damage was done . Period of 14 days has passed . He can only claim for loss in FIR , all losess have been covered by you i.e; medical expenses. Not a serious case yours.FIR will be weak no criminal case.On a scale of 1-10 (10 being the highest) your case is 1. I dont think will even file for it in my experience.

Conclusion: U did what needed to be done and more . Took care which a reasonble man would . He did not die and no permanent disability . You paid for medical expenses . All loses were made good. Do  not pay any more money .

Thank you Rahul :)

What I am worring is - now they are not filling FIR and the Victim is alive. But after a couple of months if he died. then the victims relation will change that death to the cause of accident! 

I informed the victim to come and give the signed copy to the police station. As I am good.......

But still the person is delaying it. Will I ask the police to verify the person;because I gave the complaint and police filled a CSR copy.

The victim is expecting me to buy a new vehicle for the replace of his bike. They are not told directly I had heard indirectly, but I haven't commeted anything. If it is the case Shall I told them to fill the FIR and my IFFCO tokyo insurance company will take of that FIR right?

Thanks,

Dev

Issues: 

1.What if victim dies after some time? Can FIR be filed aganist me?

2.Is FIR needed to claim insurance?

3.Should i buy victim new vehicle? And ask him to fill FIR? 

Rules:

1.Proximate Cause: The immediate cause of a action is called Proximate Cause. Eg:"A" punches "B", "B"dies instantly . Proximate Cause.

2. Remote Cause: Any Cause/Action which is too remote and too far fetched from possible outcome is called remote cause.Eg : "A" punches "B", "B"dies after 6 months."A"'s punch was a remote cause of "B"s death not the direct cause.

In Criminal Law, the First Information Report (FIR) is a report that provides information first in point of time about a crime.

The necessary ingredients of a FIR are:

• It is the information that is given to a police officer
• It provides information first in point of time
• Information must be related to a Cognizable offense
• It is the basis on which investigation into the offense commences.

S154.CRPC Information in cognizable cases - (1) Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf (2) A copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost, to the informant (3) Any person, aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in sub-section (1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such 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 to him, in the manner provided by this Code, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence 

FIR , may be filed by the Police or the victim or the family members of the victims.

Analysis:If victim dies after a few months .You will not be liable as he did not die as a direct consequnce of your act.Victim did not have grevious hurt.Plus doctor told there was no harm to his life and he was not in danger. Neither does the victim satisfy conditions needed for grevious hurt i.e: 13 days on hospital bed. Since the victim was in no danger of his life . He was immediately discarged after 1 day.Even the hospital bill and hospital record will show that.(keep hospital bills safley).No you will be not liable if victim dies. FIR filed against you will be weak. Police themselves have power to file FIR in congnizable offences i.e;death, murder etc. They themselves are not taking action neither is the victim filing FIR. You should be happy. Your a lucky man.

FIR is not needed to claim insurance CSR will be sufficient or any letter signed by you and the police stating the incident  will be sufficient.

No don't buy him a new vehicle.You can also file a FIR against him describing the incident and use it to claim insurance.

Conclusion:Do not pay. Calim insurance.Ask your insurer the necessary docments for insurance claim.If he says FIR needed. Go file FIR.Victim not dead .So On a scale of 1-10 (10 being the highest) your case is 1. Police can themselves file FIR against you. Since it is a minor incident they have not taken any action.Genrally in most of the cases police recommend compramise between the parties without police interfernce.So if FIR needed for insurance Claim.File FIR from your side.