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Motor Accident Claims Tribunal
Today, while everyone may be a single person or country is in hurry. In the morning while every one hurry to reach the office, we often mistakenly colloid with some other vehicle however this is not intentional but same shall be treated with the present law of Motor Vehicle Act. All are advised not to drive carelessly but with grave consciousness and never should drink wine while driving the vehicle… it is advised by the Government.
The Government of India introduced some huge provision of fine if anyone break the law while driving the vehicle on road. This is done for the safety of the public, however we are not still conscious to drive. when a vehicle colloid any one of the other vehicle, men, animal he shall be treated according to motor vehicle law in India.
First, on accident never run from the spot but immediately rush victim to the nearby hospital to save his life. It is very much clear by the state government and by the Order of the Honorable supreme court of India, that no questioning shall be conducting with the person who help the Accident victim to the Hospital.
According to the present guidelines by the Delhi Government, if any person helps the victim of the motor accident case to reach him to the nearby Hospital, there is no questioning will be conducting to him.
It is the clear direction to the Hospital the free of cost treatment be provided to the victim.
On the instance of the Accident an F.I.R. may lodged under the relevant provision of the law. Generally under section 279/304 A IPC.
Section 279 Indian Penal Code
“Section279: Rash driving or riding on a public way.—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.”
Section 304 A Indian Penal Code
“section 304A. Causing death by negligence.—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.]”
After the due investigation the Charge sheet may be filled by the Investigation officer, if getting any negligence on the part of the driver.
There must be two separate cases shall be run. One for the compensation or damages before the Motor Accident Claim Tribunal (MACT) court, and second before the Metropolitan magistrate to get the punishment to the guilty.
The Anil and associates is the Best Motor accident case lawyer in Delhi being an expert in Criminal Lawyer-Advocate in Delhi
In India, the release of vehicles seized due to legal infractions is governed by specific provisions within the Code of Criminal Procedure (CrPC) and reinforced by recent judicial interpretations. Understanding these legal avenues is crucial for vehicle owners seeking the return of their impounded property.
Statutory Provisions:
Judicial Clarification:
The Supreme Court, in the case of Khengarbhai Lakhabhai Dambhala v. State of Gujarat, emphasized that vehicle owners must first seek remedy under Section 451 of the CrPC before approaching higher courts. The Court underscored that bypassing the magistrate and directly invoking the writ jurisdiction of the High Court under Articles 226/227 of the Constitution is not the appropriate course of action. citeturn0search0
Specific Regulations in Delhi:
The Delhi government has instituted guidelines concerning End-of-Life Vehicles (ELVs) to address environmental and public safety concerns:
These measures are part of a broader effort to reduce pollution and enhance road safety in the capital.
Procedure for Vehicle Release:
By following these legal provisions and guidelines by best motor accident lawyer advocate in delhi, vehicle owners can effectively navigate the process of retrieving their seized vehicles within the Indian judicial framework.
Advocate Anil is a leading divorce lawyer in Delhi, specializing in family disputes, mutual and contested divorce, alimony, child custody, and more. With years of experience, he provides expert legal guidance and dedicated representation to protect your rights. Get the best legal support for your case today.
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