Ashish (Deputy Manager) 25 August 2011

Need advice in road accident case.

I had an road accident. Iwas on car and the other person was on scooter. He hit my car and fall from his scooter and got fracture on his one leg. he was on wrong side in a road with proper divider( he was driving on right side og divided road). My all papers(DL, RC and insurance) are OK. Now that person has filed case against me for rash driving and demanding Rs 1 lac for compromise. at the time of accidents his Driving Licence was expired (3 years back). Now everybody is saying that in case of road accident everytime fault is of bigger vehicle in any condition. Is it my only fault that i was on car and other person was on scooter(even without valid DL) ??? Kindly guide me.. In an accident it should not be copulsary that fault is of bigger vehicle,,, smaller vehicle may also be guilty... Kindly advice..

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Raj Kumar Makkad (Adv P & H High Court Chandigarh) 25 August 2011

Your version is absolutely right but trend is otherwise as told to you by various persons to whom you contacted in this regard. I think a criminal case might also have been filed againstt you. If yes, then you might have gone to higher police officials and should have represented to file criminal case against the driver/injured of scooter. Anyway there is nothing to worry as you possess all valid documents including insurance and the claimant is not having any such document. You shall have to face the petition and ultimate burder, even if fastened, shall be borne by insurance company and not by you. Do not make any compromise as being insissted by petitioner.

Ashish (Deputy Manager) 25 August 2011

Mr Raj Kumar Makkad - Thanks for reply and guidance. Recently Hon'ble supreme court has given a decision in which clearly mentioned that evry time bigger vehicle can't be guilty, fault may be of smaller vehicle also.. can you provide any reference of this decision. I heard about this decision in an discussion on FM Radio.