Hemanth Karamthot 14 March 2020

motor cycle accident

I, along with my friend, were traveling by a motor cycle. I was going at 70 to 80kmph speed in the right lane of the national highway. Then some persons, without giving an indication (he had no helmet also) suddenly came in my lane out of nowhere. Our vehicles have collided and we fell down. Luckily we had helmets, so, we didn't sustain any major head injuries. I have sustained injuries on my left hand and left leg. I was not in a position to move. I was limping. And my friend also sustained injuries on the right hand (later it was proved that was a bone fracture), left leg, left hand and on shoulder. That person who came in our way, since he didn't have any helmet, was lying unconscious. Many people gathered at the accident site. I myself wasn't in a position to help my friend. We asked the people call an ambulance for that person and for us. One good Samaritan came and offered us a ride to the nearest government hospital. We went there and gave a complaint. I don't even know if that person (villager mostly) have a driving license or not. Because of his carelessness we had to suffer injuries now. What should we do now? What happens if that person dies? Will it become a criminal liability or civil liability? My motorcycle is with the police till now. This accident happened 48 hours back. We came back to Banglore city for better treatment. Now my friend is admitted in the hospital and undergoing surgery for right hand. I can hardly walk with the injuries on my left leg. Please tell me what I should do now? And is there my fault involved in this? Will be charged with any criminal sections? Thank you

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31 Replies

Advocate Suneel Moudgil (Advocate) 14 March 2020

if any FIR has been registered? if yes, share copy of the FIR to have a concrete revert,

Hemanth Karamthot 14 March 2020

Hi sir.. I don't think any FIR has been registered. At least I wasn't informed about the same. I presume the police has to inform me if any FIR has been registered against me right?

Advocate Suneel Moudgil (Advocate) 14 March 2020

don't make any presumptions and confirm from the police station

Hemanth Karamthot 14 March 2020

Okay sir... I will call them tomorrow and get the correct information. What will happen in the worst case scenario? There won't be any criminal liability right? Recently I am selected for a job in Central government. Will it have any adverse impact on my job?

Advocate Suneel Moudgil (Advocate) 14 March 2020

1. if the FIR has been lodged, you will face criminal litigation,

2. not frightening you rather aware you to take steps at the right time.

Hemanth Karamthot 14 March 2020

Thank you for the reply sir... But it was his fault that he came in my lane without any indication and that too without even wearing a helmet.. In that case, why will I face criminal charges sir? And that too on what ground? How can I prove my innocence? Does the burden of proof lies on me to prove my innocence or on them to prove me guilty? And what kind of steps do you want me to take at the right time sir?

Hemanth Karamthot 14 March 2020

Can i demand my bike back from the police? Should I go to the station tomorrow or should I wait for the police to call me as I don't know what is the situation of that villager?

Dr J C Vashista (Advocate) 15 March 2020

The accident took place as you have been driving in "right" side whereas it is "left" driving in India.

You were driving at a speed of 70-80 KMPH, which is again illegal and your fault.

If your statement is true and not fabricated story, it is advisable to consult a local prudent lawyer for proper analyses of facts, professional guidance and necessary proceeding

Advocate Suneel Moudgil (Advocate) 15 March 2020

I think right here stands for RIGHT/CORRECT/PROPER, however, speed is a concern

Advocate Suneel Moudgil (Advocate) 15 March 2020

if the police had registered the FIR and taken the bike in the custody then the same will be handed over to you through the process of superdari,

you have to obtain orders from the Court to take your bike from the custody of the police

Advocate Suneel Moudgil (Advocate) 15 March 2020

don't wait for the action of the police

G.L.N. Prasad (Retired employee.) 15 March 2020

There is nothing in your hands now, and contact the advocate at the place of accident and take precautions and all these explanations that the other is not wearing helmet etc., is not a defense and it all depends on eye witness and CCTV footage on negligence if any by both the parties. (What is the right side driving on National High way ?)

Hemanth Karamthot 15 March 2020

Dr J C Vashsita, sir thanks for the reply.... Right lane I meant, it is a highway of 6 lanes. Three lanes for each direction. In my direction, of the three lines which are for the ongoing traffic, I was on the right most lane.. That right lane is meant for fast moving vehicles. And the speed is also within the limits. The maximum speed for a motor cycle on a six lane highway is 80kmph. And yes sir, I am not fabricating any story. These are the facts. That person without giving any indication and without wearing a helmet, abruptly came in my line. I couldn't avoid the inevitable.

Hemanth Karamthot 15 March 2020

Dr J C Vashsita, thank you sir for the reply. The accident took place on Banglore to Hyderabad highway. This highway consists of 6 lanes. 3 lanes for going from Bangalore to Hyderabad and the other 3 lanes are for Hyderabad to Banglore. I was going from Bangalore to Hyderabad. Of the three lanes which are designated for Banglore to Hyderabad, I was driving on the right lane. He was driving on the central lane. Without giving any indication and not wearing helmet that person has abruptly came in my lane when the relative distance was hardly 2 to 3 meters. I was driving at 70 to 80 kmph which is a permissible speed limit for motor cycles on highways.