Arjun Dhall
Asked January 21, 2017

Accident of old woman

  • 3 Answers

I am a student, I met with an accident yesterday, I was going on the main road and suddenly an old women came in front of my bike, she got injured and I took her to the hospital but their family are telling me to pay all the hospital bills other wise they will put a case on me, tell me, what should I do?

Answers 3

If your bike is fully insured, then they can claim through the Motor Accident Tribunal after filing Police Complaint.You need not pay any hospital bills.

Agree Comment 0 Agrees almost 5 years ago

there are two components in this case . one is criminal liability and the other is civil liability. If your bike is insured you need not to worry . A proceeding under MACT will start and all you have to do is to submit the Insurance details and the insurance company will pay the requisite claim of the victim. But problem is simulataneously a criminal case u/s 279, 337 or 338 IPC will also start and you need to handle this carefully. But once the victim realise his /her claim generally this will also get compounded. 

Agree Comment 0 Agrees almost 5 years ago

Dear sir/madam,

The legal provisions those which are likely to get attracted in the case to follow are :

Section 279 of the The Indian Penal Code – rash driving or riding on a public way

Section 336 of the The Indian Penal Code - Act endangering life or personal safety of others.

Section 337 Causing hurt by act endangering life or personal safety of others.

Section 338 Causing grievous hurt by act endangering life or personal safety of others.

To be completely honest with you, if you think even for a second that the accident was caused due to your negligence then it’s better to settle the matter outside the court. And if you are sure of the fact that it was the old woman’s mistake entirely then, no need to agree on the terms and conditions put forth by them. Let them file a claim before the court and they won’t be able to prove a thing. The negligence of the old woman on the main road would be portrait by the evidences and the witnesses, if any. The reason why we suggest you to settle it outside, is the general perception of the driver being the wrongdoer as against the old person who is walking down the road, the speed limit into consideration etc.

Further, having a case registered in your name might hamper your career. As you say that you are a student. Having said so, things stated above does not suggest that you have less chances of winning the case or anything. You stand a fair chance of winning the case :-

  • as you had fulfilled your duty as a driver to take the injured to the nearest hospital forming a part of compliance under the Motor Vehicles Act, 1988
  • their case is weak because the complaint of a road accident by the victim is supposed to be filed in the nearest police station within 24hrs of the happening of the accident. Plus your insurance company will also become a party to the suit and the compensation whatever, will be borne by the company itself (in a third-party or a comprehensive insurance).
  • Ultimately, you only can weigh the pros and cons and the difference in expenditure in approaching the court or settling the matter outside the court.

    Incase you are facing any difficulty pursuing the above advice or want any help in filing the case. Please follow the link below

    Agree Comment 0 Agrees almost 5 years ago

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