rahul (soft engg) 22 December 2012

Got accident when i took a lift can i put a case

sir,

This is regarding my friends smitha please advice needed best way.

Late night and was raining heavy rather than wait for taxi to take her home, smitha accepted lift from Rakesh. Rakesh strongly smelt of alchol and had trouble keeping the vechile on the road.

smitha decided to continue the journey as it was raining very heavily. Shortly after wards, Rakesh lost controll of the vechile and hit the tree, leaving both seriously injured.

Will Smitha be able to successfully case Rakesh in negelence? What does she need to do?

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3 Replies

Advocate Rohit (Advocate) 22 December 2012

yes, she can file a police complaint against Rakesh for Negligent and Rash driving under the influence of alcohol.

she could further file a private complaint through an Advocate against him at Motor Accident Claim Tribunal i.e. MACT for seeking compensation.

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

k.kumar raja (advocate) 22 December 2012

I agreee with adv.rohit

Charandeep Singh (Advocate) 23 December 2012

Hi,

Well as per LAW OF TORTS the driver can obviously take defence of VOLENTI NON FIT INJURIA. As she voluntary took lift. And at second phase when she knew that he was drunk still she opted to continue with the lift and thereby she again Voluntarily opted to continue her journey. Thus this defence could be taken by the driver.

Adv. Charandeep Singh Samrao.