The Indian Law : Bigger vehicle at fault

tsk1979 · 8th July 2007, 13:33

Saw a news ITEM in todays newspaper, featuring a smashed up honda city and a smashed up cart.
The short story.
A cart(cycle cart probably) enters an area in which "No carts allowed" sign is there. This area is CP
Then the cart guy along with some other people in cart proceed to drive the wrong way.
A honda city hits the cart, and the cart is smashed to pieces and honda city is also badly damaged.
The cart driver is admitted to hospital in stable condition. Rest of the cart passengers(who were drunk according to a guard in that area) run away.

The police comes and arrests the Honda city driver

, and he has to be let out on Bail.
What kind of law is this.
There is no case registered against the cart driver.
No wonder it makes sense to run away after you hit somebody, regardless of who is at fault. Running away or not running away will lead to same results.

low_bass_makker · 8th July 2007, 14:13

Again the same old this "this happens only in India"

zenx · 8th July 2007, 14:14

I have been at the receiving end on similar "judgment" or lack thereof - empathize with the City driver.

That said, running away would have made it a hit-and-run, a criminal offence, not a mere traffic one - so it would have been much worse.

esteem_lover · 8th July 2007, 14:52

In this case, it was not the bigger vehicle, but the richer person is at fault. It is always presumed that the rich should pay for the poor's faults. That's India, we still live centuries behind.

BaCkSeAtDrIVeR · 8th July 2007, 15:17

You see, my dear friends, the traffic regulations are imposed on roads only because something called the "Motor Vehicles Act, 1989" exists. That act applies, well, to Motor Vehicles and therefore, a violation of a regulation under that Act can be committed only by something to which the Act applies. A bullock cart is not a motor vehicle so cannot be booked under the aforementioned law.
When you cannot identify the thief, the easiest way out is to name the first identifiable person you come across the thief. The matter is simple as that.
If the "identifiable person" has objections, he can of course, fight the case in court, which obviously will take half his "ayush"; or simply pay a fine, which is a few hundreds of bucks.
It is worth fighting, only if pleading not guilty in our courts did not cost you the better part of your life.

condor · 8th July 2007, 20:02

Quote:

Originally Posted by BaCkSeAtDrIVeR

That act applies, well, to Motor Vehicles and therefore, a violation of a regulation under that Act can be committed only by something to which the Act applies.

Whew. Isn't that simple ?

Then again, only the bigger vehicle is a motor-vehicle.

benbsb29 · 9th July 2007, 11:19

Well, we have all had similar experiences, right?
My case (My car with an autorickshaw), Manikjeet's (Honda City with cycle rickshaaw), and we were always the losers.

Sad state of affairs, i should say.

Rtech · 9th July 2007, 11:24

Been there, done that, wrote the thread on it! (ICICI - Blatant cheating of customers & the (In)justice that is passed of as the law)

It also comes down to the age old "his car is bigger, hence he much have more money, hence he is involved in illegal activities to make that money, hence lets punish him even if it's not his fault".

navdeep · 9th July 2007, 15:46

Cart driver cannot fill his pocket but Honda city wala can . Its simple. Nothing new.

GTO · 9th July 2007, 16:32

Of course, its the unspoken rule in our country

1. Cycle hits pedestrian : Cyclist at fault

2. Bike hits Cycle : Biker at fault

3. Car hits bike : Car at fault

4. Truck hits car : Truck at fault.

Even funnier are the newspapers when they report an accident. The car always....always has to be "speeding"!

deepakhon · 9th July 2007, 16:54

Quote:

Originally Posted by GTO

Even funnier are the newspapers when they report an accident. The car always....always has to be "speeding"!

And the driver always has to be "drunk" and "rich".

tsk1979 · 9th July 2007, 16:58

Quote:

Originally Posted by deepakhon

And the driver always has to be "drunk" and "rich".

This article also mentioned "A speeding honda city" but at the same time in a very very sad tone also said that the driver was not drunk. It was as if the editor was upset in not having a "masala" headline.

abhibh · 9th July 2007, 17:39

More funnier is under law "you are guilty until proven innocent" in India.

devilvtec · 9th July 2007, 22:31

very true guys.. i'v seen a car hit a cycle wala .. when the cycle wala was turning in front of him when the dude in the car had a green .. he also stoped to help the cycle dude but when the cops arrived the cycle wala started to cry and create a rukus to gain attention and sympathy and earn a few quick ones .. the poor car driver was taken away to the police chowki and god knows what hapened to him after that ...

Mayavi · 9th July 2007, 23:43

I hit a a pedestrian, a teenage chai wallah, with my scooter once and had to run away for there to save myself. That day I stopped to drop off my friend at a bus stop, started the scooter and moved exactly 10 feet in first gear and this kid jumps in front of me as if he wants to get hit. I saw him jump and hit the brakes but the scooter skid as it was on fine sand. So I just nudged the guy and he jumped and fell down. I stopped my scooter and was about to help that guy and a crowd gathered within seconds. The kid was fine, nothing happened to him and the crowd didn't say anything either then this well educated, office going bald gentleman came, saw the kid, saw me, got outraged (god knows why) and started yelling at me. The crowd got the hint and started moving towards me probably to hit me or extort money. I got the hint, started my trusted chetak, first gear and adios amigos! I was only 16 at that time and dont even look rich, still they wanted to hit me...

Another time I was going to coaching class on my cycle at 4.00 in the morning. The road I take is a two lane road with a big road divider but it was pitch dark. The street was deserted and I couldnt see anything or probably dozed off, and suddenly a loud thunk and I was on the ground. When I got up, I saw that a moron was biking in the opposite direction and hit me head on. He too was sleeping I guess and the front tyre of his BSA SLR got completely bent and my Hero Ranger didnt even get a nick on it. Unfortunately in this case, his bike was smaller but he was bigger, so I ended up pawning my bag to go home and fetch money :(

8th July 2007, 13:33	#1
tsk1979 Team-BHP Support Join Date: Feb 2005 Location: San Jose, CA Posts: 23,717 Thanked: 22,825 Times View My Garage	The Indian Law : Bigger vehicle at fault Saw a news ITEM in todays newspaper, featuring a smashed up honda city and a smashed up cart. The short story. A cart(cycle cart probably) enters an area in which "No carts allowed" sign is there. This area is CP Then the cart guy along with some other people in cart proceed to drive the wrong way. A honda city hits the cart, and the cart is smashed to pieces and honda city is also badly damaged. The cart driver is admitted to hospital in stable condition. Rest of the cart passengers(who were drunk according to a guard in that area) run away. The police comes and arrests the Honda city driver , and he has to be let out on Bail. What kind of law is this. There is no case registered against the cart driver. No wonder it makes sense to run away after you hit somebody, regardless of who is at fault. Running away or not running away will lead to same results.
	() Thanks

8th July 2007, 14:13	#2
low_bass_makker Senior - BHPian Join Date: Mar 2006 Location: Faridabad Posts: 6,815 Thanked: 305 Times View My Garage	Again the same old this "this happens only in India"
	() Thanks

8th July 2007, 14:14	#3
zenx Senior - BHPian Join Date: Oct 2004 Location: Bangalore Posts: 1,161 Thanked: 158 Times View My Garage	I have been at the receiving end on similar "judgment" or lack thereof - empathize with the City driver. That said, running away would have made it a hit-and-run, a criminal offence, not a mere traffic one - so it would have been much worse.
	() Thanks

8th July 2007, 14:52	#4
esteem_lover Senior - BHPian Join Date: Jul 2006 Location: Madras/Py Posts: 7,556 Thanked: 502 Times View My Garage	In this case, it was not the bigger vehicle, but the richer person is at fault. It is always presumed that the rich should pay for the poor's faults. That's India, we still live centuries behind.
	() Thanks

8th July 2007, 15:17	#5
BaCkSeAtDrIVeR BANNED Join Date: Jun 2007 Location: Kochi Posts: 2,522 Thanked: 752 Times	You see, my dear friends, the traffic regulations are imposed on roads only because something called the "Motor Vehicles Act, 1989" exists. That act applies, well, to Motor Vehicles and therefore, a violation of a regulation under that Act can be committed only by something to which the Act applies. A bullock cart is not a motor vehicle so cannot be booked under the aforementioned law. When you cannot identify the thief, the easiest way out is to name the first identifiable person you come across the thief. The matter is simple as that. If the "identifiable person" has objections, he can of course, fight the case in court, which obviously will take half his "ayush"; or simply pay a fine, which is a few hundreds of bucks. It is worth fighting, only if pleading not guilty in our courts did not cost you the better part of your life.
	() Thanks

9th July 2007, 11:19	#7
benbsb29 Team-BHP Support Join Date: Nov 2006 Location: Brisbane Posts: 9,968 Thanked: 13,225 Times View My Garage	Well, we have all had similar experiences, right? My case (My car with an autorickshaw), Manikjeet's (Honda City with cycle rickshaaw), and we were always the losers. Sad state of affairs, i should say.
	() Thanks

9th July 2007, 11:24	#8
Rtech Team-BHP Support Join Date: Apr 2004 Location: Bombay Posts: 5,770 Thanked: 359 Times View My Garage	Been there, done that, wrote the thread on it! (ICICI - Blatant cheating of customers & the (In)justice that is passed of as the law) It also comes down to the age old "his car is bigger, hence he much have more money, hence he is involved in illegal activities to make that money, hence lets punish him even if it's not his fault".
	() Thanks

9th July 2007, 15:46	#9
navdeep BHPian Join Date: Sep 2006 Location: Pune Posts: 892 Thanked: 4 Times	Cart driver cannot fill his pocket but Honda city wala can . Its simple. Nothing new.
	() Thanks

9th July 2007, 16:32	#10
GTO Team-BHP Support Join Date: Feb 2004 Location: Bombay Posts: 70,540 Thanked: 300,747 Times View My Garage	Of course, its the unspoken rule in our country 1. Cycle hits pedestrian : Cyclist at fault 2. Bike hits Cycle : Biker at fault 3. Car hits bike : Car at fault 4. Truck hits car : Truck at fault. Even funnier are the newspapers when they report an accident. The car always....always has to be "speeding"!
	() Thanks

9th July 2007, 17:39	#13
abhibh Senior - BHPian Join Date: Sep 2005 Location: Back in the HOOD near you! Posts: 2,768 Thanked: 39 Times	More funnier is under law "you are guilty until proven innocent" in India.
	() Thanks

9th July 2007, 22:31	#14
devilvtec BHPian Join Date: Mar 2007 Location: gurgaon Posts: 39 Thanked: 0 Times	very true guys.. i'v seen a car hit a cycle wala .. when the cycle wala was turning in front of him when the dude in the car had a green .. he also stoped to help the cycle dude but when the cops arrived the cycle wala started to cry and create a rukus to gain attention and sympathy and earn a few quick ones .. the poor car driver was taken away to the police chowki and god knows what hapened to him after that ...
	() Thanks

9th July 2007, 23:43	#15
Mayavi BHPian Join Date: Apr 2007 Location: Scottsdale Posts: 682 Thanked: 9 Times View My Garage	I hit a a pedestrian, a teenage chai wallah, with my scooter once and had to run away for there to save myself. That day I stopped to drop off my friend at a bus stop, started the scooter and moved exactly 10 feet in first gear and this kid jumps in front of me as if he wants to get hit. I saw him jump and hit the brakes but the scooter skid as it was on fine sand. So I just nudged the guy and he jumped and fell down. I stopped my scooter and was about to help that guy and a crowd gathered within seconds. The kid was fine, nothing happened to him and the crowd didn't say anything either then this well educated, office going bald gentleman came, saw the kid, saw me, got outraged (god knows why) and started yelling at me. The crowd got the hint and started moving towards me probably to hit me or extort money. I got the hint, started my trusted chetak, first gear and adios amigos! I was only 16 at that time and dont even look rich, still they wanted to hit me... Another time I was going to coaching class on my cycle at 4.00 in the morning. The road I take is a two lane road with a big road divider but it was pitch dark. The street was deserted and I couldnt see anything or probably dozed off, and suddenly a loud thunk and I was on the ground. When I got up, I saw that a moron was biking in the opposite direction and hit me head on. He too was sleeping I guess and the front tyre of his BSA SLR got completely bent and my Hero Ranger didnt even get a nick on it. Unfortunately in this case, his bike was smaller but he was bigger, so I ended up pawning my bag to go home and fetch money :(
	() Thanks