Motor Accident Lawyers / Advocates in Delhi
Here’s a detailed guide on Motor Accident Laws in India under Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), Bharatiya Sakshya Adhiniyam (BSA), CrPC, CPC, and landmark judgments with FAQs.
1. Motor Accident Laws Under Bharatiya Nyaya Sanhita (BNS), 2023
(Replaced IPC from July 1, 2024)
| BNS Section | Offense | Punishment |
|---|---|---|
| Sec 106 | Causing death due to rash/negligent driving | Up to 5 years imprisonment and/or fine |
| Sec 107 | Causing grievous hurt due to rash/negligent driving | Up to 3 years imprisonment and/or fine |
| Sec 120 | Endangering human life by rash/negligent act (including reckless driving) | Up to 2 years imprisonment and/or fine |
| Sec 110 | Hit-and-run case | Up to 10 years imprisonment and fine |
| Sec 318 | Fraud related to insurance claims in accidents | Up to 7 years imprisonment and/or fine |
2. Motor Accident Laws Under Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
(Replaced CrPC from July 1, 2024)
| BNSS Section | Provision |
|---|---|
| Sec 173 | Police must file a charge sheet within a specified time in accident cases |
| Sec 176 | Speedy trial for road accident cases |
| Sec 41A | Notice must be given before arrest in non-bailable offenses |
| Sec 357 | Compensation for accident victims |
| Sec 92 | Provisions for bail in accident-related cases |
3. Motor Accident Laws Under Bharatiya Sakshya Adhiniyam (BSA), 2023
(Replaced Indian Evidence Act from July 1, 2024)
| BSA Section | Provision |
|---|---|
| Sec 61-65 | CCTV footage and digital evidence (dashcam recordings, toll booth footage) are admissible as evidence |
| Sec 74 | Vehicle registration, driving license, and insurance documents are admissible evidence |
| Sec 85A | Digital and electronic records are valid proof in accident cases |
4. Motor Accident Laws Under Civil Procedure Code (CPC), 1908
(For Compensation & Civil Remedies)
| CPC Provision | Purpose |
|---|---|
| Order 7, Rule 1 | Victims or families can file a civil suit for compensation |
| Order 39, Rule 1 & 2 | Courts can pass interim orders in accident-related cases |
| Section 9 | Civil courts have jurisdiction over motor accident compensation cases |
| Section 26 | Filing of suits against individuals or insurance companies for compensation |
5. Motor Accident Compensation Under the Motor Vehicles Act, 1988
- Section 166 – Claims for compensation due to death or injury from motor accidents.
- Section 140 – No-fault liability compensation of ₹50,000 (injury) and ₹2,00,000 (death).
- Section 163A – Structured compensation system based on income.
- Section 185 – Punishment for driving under the influence of alcohol or drugs.
6. Landmark Judgments on Motor Accident Cases
1. Sarla Verma v. Delhi Transport Corporation (2009)
- Established: A formula for calculating compensation based on age, income, and dependents.
2. Jacob Mathew v. State of Punjab (2005)
- Established: Doctors and hospitals cannot be criminally liable unless gross negligence is proven in accident-related medical treatment.
3. R.K. Malik v. Kiran Pal (2009)
- Established: Compensation for accident victims should cover future expenses, medical costs, and loss of earnings.
4. National Insurance Co. Ltd. v. Pranay Sethi (2017)
- Established: Guidelines for determining compensation, especially loss of future income.
5. B. Sundar Rao v. A.B. Krishna Murthy (2021)
- Established: Compensation should consider inflation, economic factors, and victim’s earning potential.
7. Frequently Asked Questions (FAQs)
Q1: What should I do if I am involved in a road accident?
- Ensure safety first – Move to a safe area.
- Call emergency services (Police: 100, Ambulance: 108).
- Report to the police and get an FIR if necessary.
- Collect evidence – Photos, videos, witness details.
- Contact insurance provider for claims.
Q2: Can I claim compensation for a minor injury?
- Yes. You can file a claim under the Motor Vehicles Act, 1988 (Sec 140 & 166) for minor injuries.
Q3: What is the penalty for hit-and-run cases?
- BNS Section 110: Up to 10 years imprisonment and fine.
Q4: Can a drunk driver be arrested immediately?
- Yes. Under Motor Vehicles Act, Section 185, a person caught driving under the influence can be arrested and fined.
Q5: What if the vehicle owner is different from the driver?
- The vehicle owner is also liable unless the driver was unauthorized.
Q6: What if the accident is caused by bad road conditions?
- The government or municipality can be held responsible under the law of torts.
Q7: Can CCTV or dashcam footage be used as evidence?
- Yes. Under BSA Section 61-65, digital evidence is admissible in court.
Q8: How long do I have to file a motor accident claim?
- Within 6 months under the Motor Vehicles Act, 1988.
Q9: Can I settle an accident case outside court?
- Yes. Mutual settlements are allowed but should be documented legally.
Q10: Who gets compensation in case of death in a road accident?
- Legal heirs or dependents (spouse, children, parents).
8. Key Takeaways
- Motor accident cases involve criminal (BNS), civil (CPC), and special laws (Motor Vehicles Act).
- Hit-and-run cases have severe punishments (BNS Sec 110).
- Digital evidence (CCTV, dashcam) is admissible (BSA Sec 61-65).
- Compensation depends on the severity of injury and earning loss (Pranay Sethi case).
- Drunk driving is strictly penalized (Motor Vehicles Act Sec 185).
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