• Legal process after car accident

I just want to know legal process in case of any car accident in India. Let's say a car owner with valid license is driving his car and he's not drunk. The car collides with another person / vehicle / property and these are few queries in this case.

1) In case of victim's death:
- What is the punishment and penalty for car owner in case of victim's death?
- Can the car owner be arrested in this case?
- What is the legal process has to undergo in this case?

2) In case of victim's injury:
- What is the punishment and penalty for car owner in case of victim's injury?
- Can the car owner be arrested in this case?
- What is the legal process has to undergo in this case?

3) In case of damage to other vehicle:
- What is the punishment and penalty for car owner in case of damage to other vehicle? 
- What is the legal process has to undergo in this case?

4) In case of damage to other property:
- What is the punishment and penalty for car owner in case of damage to public/private property? 
- What is the legal process has to undergo in this case?

5) What should the car owner do just after accident with any person/vehicle as per law?

6) What is the penalty for car owner if it's driven by his driver with valid license in case of victim's death/injury or damage to other vehicle?

Looking forward your reply. Thank you.
Asked 1 year ago in Civil Law from Kolkata, West Bengal
1)It has to be proved in case of accident that the accident was the result of rash and negligent driving. Thus the prosecution has to be prove that the person who committed the accident was driving rashly and negligently and only then the offence is proved.in case  victim dies police will file , the criminal case under  Section 304 A of the Indian Penal Code which provides for offences relating to death due to negligence.

2)"The owner is liable if the act or wrongdoing ( driving rashly and running over someone) is under the consent or permission of the owner. Under civil and criminal law, the relationship between the car owner and driver is defined as 'master' and 'servant' and the master cannot be held liable for the wrongdoing of the servant, unless it is proved it was done under such consent or permission by the master.

3)legally, the onus is on the driver to rush the injured person to hospital for treatment. "The car owner may not be responsible directly, but he also has the moral responsibility to help in rushing the injured to the hospital if he's in the car or even other wise when he comes to know of the accident.

4)Where death or permanent disablement of any person has resulted from an accident arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicle shall, or as the case may be, the owners of the vehicles shall jointly and severally be liable to pay compensation in respect of such death or disablement

5)When the car is insured, the insurance company takes over the compensation liability.
Ajay Sethi
Advocate, Mumbai
23353 Answers
1222 Consultations
5.0 on 5.0
1. to 4. It has to be ascertain first whether the accident has occurred due to the rash driving of the driver of the car or not i.e. whether the cause of the accident can be attributed to the driver or not. The punishment will be according to the above findings,

5.  The car owner should immediately take the victim to the nearest hospital and report the incidence to the police,

6. Car owner will have no penalty if his car is road worthy and if his driver has valid license to drive his car.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1)section 279 IPC deals with rash and negligent driving punishable with imprisonment upto 6 months or fine up to Rs 1000 or both 

2) it is also punishable under section 336 , 337, 338 of IPC which provide that if person drives rashly endangering life or personal liberty of others . under section 338 IPC punishable with imprisonment of up  to  2 years or with fine or both 

3) if the victim dies police will file case under section 304A if death arise on account of rash and negligent act 

4) prosecution has to prove that car  or vehicle was driven in rash and negligent manner 

5)The car owner can be liable if the car was not in roadworthy condition.He should have  proper documents including insurance cover
- The driver employed is experienced enough to handle the model or type of vehicle besides having a valid driving license

6) the insurance company takes liability if car is insured .It is for
the insurer to proceed against the insured for recovery of the
amount in the event there has been violation of any condition of
the insurance policy
Ajay Sethi
Advocate, Mumbai
23353 Answers
1222 Consultations
5.0 on 5.0
What is the punishment and penalty for car owner in case of victim's death?
As per the provisions of section 304A, whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.]


 Can the car owner be arrested in this case?
Yes


 What is the legal process has to undergo in this case?
Face the trial.


2) In case of victim's injury:
- What is the punishment and penalty for car owner in case of victim's injury?
Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Can the car owner be arrested in this case?
Yes


 What is the legal process has to undergo in this case?
Face the trial.



3) In case of damage to other vehicle:
- What is the punishment and penalty for car owner in case of damage to other vehicle? 
If the insurance policy is in force, the insurance claim may be made for repair and compensation of damages to vehicle.

- What is the legal process has to undergo in this case?
Nothing, the insurance company will take care of other things.



4) In case of damage to other property:
- What is the punishment and penalty for car owner in case of damage to public/private property? 
- What is the legal process has to undergo in this case?
Refer to answers to Qs.3


5) What should the car owner do just after accident with any person/vehicle as per law?
He has to inform police with a complaint or otherwise.



6) What is the penalty for car owner if it's driven by his driver with valid license in case of victim's death/injury or damage to other vehicle?
Refer answer to first question.



1) When an accident can be called due to rash and negligent driving and what is the punishment?
Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.


2) Can police file death due to negligence in all cases where victim dies? 
Yes

3) What evidence car driver should have to prove his innocence?
Whatever he relies upon, nothing can be predicted on this.

4) How many percent of road accident cases in India driver gets punished?
Almost 90% or above

5) Does car owner has any liability towards victim's family in case of his death/ injury even if car is insured?
The Insurance company will pay the insurance death claim.

6) Do police seize car and file FIR after any accident? How many days takes to get back the car?
after 15 days.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
1. If the victim dies the punishment is 2 years of imprisonment, which may now be enhanced by an amendment in the law in view of the repeated suggestions made by the Supreme Court and Law Commission.

2. If the victim does not die but only suffers an injury the accused can be punished for up to 6 months imprisonment. For damage to vehicle the punishment is the same.

3. The car owner should react according to the circumstances. There is no cast iron rule.

4. The owner of the vehicle, regardless of who was driving it at the time of accident, is liable to compensate the victim. The liability would shift on the insurance company if there was a third party insurance.

5. Police will file the case in all cases where the victim dies. The accused has to prove his innocence in the court.

6. The conviction rate is quite high.

7. Police will seize the car, which can be released on the orders of court.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1. It depends on what section has been put against the driver. if section 304A of IPC is put against the driver, the punishment will be imprisonment for 2 years or fine or both,

2. If police finds prima facie evidence that the death is due to negligent driving then certainly they can file case against the erring driver,

3.He has to prove that he was not negligent in driving and it is the victim or someone else who is responsible for the accident causing the death of the victim,

4. I am not aware if someone has gathered this data nationally,

5. If the car is insured and if the driver has valid license and if the car is roadworthy,then its owner has no liability towards victim's family,

6. Yes, police is likely to seize car to preserve  the evidence and register FIR after the accident.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0

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