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-   -   ARTICLE: Procedure to follow when you lose someone in a road accident. (https://www.team-bhp.com/forum/road-safety/98907-article-procedure-follow-when-you-lose-someone-road-accident-2.html)

Please note the post of "coroner" is not existing in many parts of India. For example in Kerala, there is no Coroner, but a police surgeon. Generally police surgeons are professors/asst. professors in medical colleges and would also have honorary police ranks (Dy.SP or SP).

In case of unnatural deaths, it is the job of the coroner to analyse the scenario first, recommend a post mortem and also recommend a full-fledged police investigation (if he suspects murder). This part is known as "coroner's inquest". In India, this is done away with. The police does the inquest, and police surgeon does the post mortem/autopsy.

In Mumbai, the police surgeon doesn't do the autopsy - i know that for a fact because i'm an honorary police surgeon and also i wrote this article from experience after my grandfather passed away in an accident - please don't generalise it by saying "in India". It's done by the forensic medical department people who hold the post of a coroner.

An extremely important topic and great info!

Could you also add who pays the interim compensation, the owner or the insurance co?

This maybe not strictly on-topic, but how do we face such a situation from the other perspective, that of the vehicle owner?

Could the describe the procedure for the driver's point of view if another motorist or pedestrian were to lose their life? How does one establish 'no fault' vs 'fault'? Can the driver be tried in criminal court or incur a prison sentence?

I have a question which may not be directly related to this topic, so if I am at the wrong place, mods please direct me to the proper place. I couldn't find it.

Story is - last May, we went to Karwar. One of the guys and my driver took the car for a joyride without my permission, and hit an electric pole. Police came, usual bribes happened, and we were asked to sign some document in Kannada to release the driver. I wasn't present, so another of our party signed it. Someone from local electric department came and asked for 15k to settle the matter. I refused, because, first, the damage to the electric pole was minor and was already repaired by the time I arrived at the scene, and two, my insurer could pay it. So I didn't pay, they kept my Bike's RC original as address proof, and we left after paying small cha-pani to our Indian police. They said the case will go to court and driver will have to appear. I said no need, insurance will settle claim, if any.

Fast forward, insurance time came, and I kept calling and emailing the police to send me FIR copy so insurer can settle it. For 2 months, nothing was sent despite promises, and when car got repaired, insurer asked for indemnity before handover. Again, lots of calls etc, no FIR, so I wrote indemnity and got my car.

Meantime, my driver who did the accident left the job.

2 months later, harassment began. Police started coming to my office, visiting the person who gave the bond, calling multiple times. I told them to go catch the driver and gave them his exact address and phone number. They keep saying they went to his home in Kolkata, could not find him. I think that's a lie, because he stays at home, I know for a fact. Now they say if driver can't be arrested, they might go for me, the car owner, or my friend who signed the bond.

Any suggestions about the law here? I might have missed some points, so ask me if you like.

The application for interim compensation is made under Section 140 of the Motor Vehicles Act before the Motor Accidents Claims Tribunal along with the main petition for compensation (either under Section 163-A or 166). The Tribunal usually holds joint and several liability upon the owner and insurer, and if there is a valid Insurance policy, the Insurer usually pays the No-fault liability amount.

And as the owner of the vehicle, if one has all the proper documents, there is no need to worry. The vehicles involved in the accident will have to be produced before the concerned Motor Vehicles Inspector for damage assessment. In case of injury to third party, the driver of the vehicle who caused the accident will be arrested and released on bail immediately. He will then be summoned by the concerned Magistrate to appear on a said date. The driver has the option to either pay a fine by pleading guilty (usually happens in 99% of the cases) or have the matter taken up for trial and contest the charges. In cases of death to third party, the Magistrate courts will take up the matter for trial and unless the driver was driving under influence, he will be acquitted. Do note that the acquittal of the driver does not absolve the liability of the owner and insurer before the Motor Accident Claims Tribunal.

An interesting interpretation of the Motor Vehicles Act by the courts nowadays is helping accident victims to be compensated even in cases where the vehicle causing the accident was being driven with improper records. We all know that the Insurance Companies deny a claim for vehicle damage if the driver did not have driving licence, was under the influence of alcohol or the vehicle did not have Fitness certificate/permit etc. These defences were taken by the Insurance companies earlier to deny compensation to the third party accident victims too and the Tribunals used to saddle liability on the insured. However, the Supreme Court of India, through dynamic interpretation of the Motor Vehicles Act has held in various cases that in such instances, the Insurer has to pay the compensation to the victims and then recover such amount from the insured by filing Execution proceedings . Such interpretation is helping the innocent victims to get compensated for their injuries/death. However, it is to note that the trial before the Motor Accidents Claims Tribunal takes 3 to 4 years, and by the end of such time, it becomes very difficult to trace the whereabouts of the insured and the companies are unable to recover the amount in most of the cases.

It is however, heartening to know that in cases where the vehicle had all the proper records, the Insurers try to settle the case before the Lok Adalat within 5-6 months of the filing of the claim petition, so the victims are compensated adequately quite quickly. Only in a few cases where the quantum of compensation is not agreed upon does the case go to trial.

Oh boy. That was elaborate and I'm sure a lot of motor heads will find it useful. I have know it for the most part but occasional brushing is actually helpful if you have overlooked on certain points before. Thanks Tejas.
Regards,
SS

Hi Tejas

Though I have some vague idea onnthe process, this is comprehensive and quite informative. Thanks a lot for the great work.

Hi Tejas,

Thank you for sharing the information, I always wondered regarding the legal procedures for an accident.

Just wanted to ask, are you aware of any update on these clauses/rules or are they still the same?

Thanks once again

I would like to add another scenario.

What if one is brought dead to the hospital? What would be the procedure to obtain death certificate?

We have just lost a fine young 25 year old chap in our extended family to a road accident in Trichy. He was at the backseat of a Innova Crysta with two others including the driver. The driver alone survived. My relative had been brought dead to the hospital, FIR and postmortem had been done.

Should we be geting the death certificate at the hospital or at the police station?

My condolences.

Hospital will do a post mortem and issue the DC.

Death certificate can only be issued by a medical practitioner.

Now there’s an app for claims. I’d say it’s the right way to go.