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Penal Provision on Rash and Negligent Driving
  • By: admin
  • Date: 20 Sep 2019
  • Accidents
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Introduction

Due to tremendous changes in the lifestyle of Indians and development in technology, there is a steep rise in the number of private and public vehicles running on the road. Road accidents largely contribute to partial or permanent disability and death. Road accidents are caused due to rash and negligent driving; it includes crashing between vehicles or hitting any pedestrian or vehicle.

 

Causes Of Road Accident

Road Accident is caused due to several reasons; some of the primary reasons are as follows: 

  • The age limit of the driver: According to section 4 of the Motor Vehicle Act, 1988, no person under the age of eighteen years is permitted to drive a motor vehicle in public places. The person who has attained the age of Sixteen years may drive a motorcycle without gear. According to section 18, no person under the age of twenty years shall drive a transport vehicle in a public place. No learner's license or driving licence shall be issued to any person to drive a vehicle of the class to which he has made an application unless he is eligible to drive that class of vehicle under section 18. But there is no compliance with the law, the minors who do not have sufficient maturity also drive vehicles. The strange part is their parents are not aware of their driving, and the consequences have to be borne by the innocent pedestrians.
  • Speed: Many people, driving the vehicles, primarily the youth, crosses the limit of speed. Thus, speeding is one of the vital cause of deaths due to a road accident.
  • Stunts: Television has affected the youth on a large scale. They try to imitate the actions and stunts shown on TV without proper guidance and end up either injury or death.
  • Drunk and Drive: Usually, the statistic of drunk and drive is more, and it is recorded to be the primary cause of accidents.

 

Penal Provisions

There are several penal provisions to combat road accident in Indian Penal Code, 1860. The requirements are as follows:

279. Rash driving or riding on a public road

Whoever drives any vehicle or rides on any public road in a manner so as to endanger human life or that is 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.

304A. Causing death by negligence

Whoever causes the death of any person through 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.

336. Act endangering life or personal safety of others

Whoever does any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to two hundred and fifty rupees, or with both.

337. Causing hurt by act endangering life or personal safety of others

Whoever causes hurt to any person by doing any action so rashly or negligently as to endanger human life or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

338. Causing grievous hurt by act endangering life or personal safety of others

Whoever causes severe harm to any person by any rash or negligent action so as to endanger human life or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to two years or with fine which may extend to one thousand rupees or with both.

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Motor Vehicle Amendment Act, 2019

By: admin Accidents 28 Aug 2019

On 23rd July 2019, the LokSabha has passed the Motor Vehicle Amendment Act, 2019 but they have only recently come into effect. Union Minister of Road Transport and Highways introduced the act to amend the Motor Vehicle Act, 1988. It has introduced the norms for acquiring the driving license and strict penalties for the violation of traffic to reduce the road mishaps in the country. The transport ministry issued a notification on August 28, 2019, listing out all the laws that have come into effect from September 1, 2019.

The notable amendments are as follows:

Driving License: The amendment proposes to remove the minimum qualification required to own a driving license, as long as the applicant holds a certificate from a driving school. As per 1988 law, of the Central Motor Vehicle Rules, 1989 only a person who has completed class VII can hold a license. In the case of expiry of the license, it can get renewed in the period of one year. Drivers may be asked to undergo a driving refresher training course for reviewing the licenses once they are suspended or revoked.

The new law also provides regulation for taxi aggregators such as Ola and Uber. They will now have to get a license from the state government where they operate along with the confirmation of the Information Technology Act 2000.

Accountability: The amendment seeks to fix the liability of contractors for the designs of faulty roads. If the contractor failed to follow the prescribed designs, and if the failure results in injury or death of that person, they will be held responsible for the same. This provision was not included in the earlier Act. Juveniles are not allowed to drive a vehicle, and if found the driving or causing an accident, the guardian or the owner will be held liable for the offence. The penalty for this crime is Rs25000 or 3 years imprisonment for guardian/owner or both

Earlier, there was no law directing manufacturer to withdraw defected models or component of a vehicle from the market. The new amendment empowers the centre to do so if defects are reported by considerable users.

Protect the Good Samaritans: The amendment has empowered the Central Government to make rules protecting the good Samaritans from civil or criminal proceedings. The Good Samaritans are the people rendering emergency care to the road accident victim.

Liability: The maximum compensation a claimant can get from the government is Rs.5 lakh in case of death and Rs.2.5 lakh in case of grievous hurt on a no-fault basis. The no-fault victim is those who are killed in a hit and run accidents in which the vehicle undertaking accident was not identified.

Insurance: The amendment introduced a Motor vehicle Accident Fund that will provide compulsory insurance on all road vehicles and compensation for the victim of a hit and run and other cases of accident. It is necessary to claim petition within six months from the date of the accident. In case of death of the injured person, his legal representatives will have the right to claim the compensation. The amendment has added the concept of the golden hour, i.e. the central government have scheme giving cashless treatment to the victims in the first hour of a traumatic injury.

Penalties:

Offences

Penalty as per old  Act in Rupees

Penalty as per the new amendment in Rupees

Violation of traffic rule and regulation

100

500

Driving a vehicle without holding a license

500

5000

Not wearing a seat belt

100

1000

Drink and Drive case

2000

Imprisonment up to 6 months or fine of Rs. 10000 or both.

Not allowing emergency vehicle to pass

No provision

10000

If driver over speeds the vehicle

400

1000 – light vehicle

2000- heavy vehicle

Driving without qualification

500

10000

Vehicle without permit

5000

10000

Driving without insurance

1000

2000

Travelling without Ticket

200

500

Dangerous Driving

-

Imprisonment of 6 months to 1 year and/or fine of Rs. 1000- Rs. 5000 for first offence and imprisonment up to 2 years and/or fine up to Rs. 10000 for the second offence.

 

Causing obstruction to free flow of traffic

50

500



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Motor Accident Claim Tribunal

By: admin Accidents 29 Jul 2019

What Is the Motor Vehicle Act?

The Motor Vehicles Act, 1988 regulates all the aspects of road transport vehicles and is enacted by the parliament of India. The Motor Vehicles Act came into force from 1 July 1989. It created a new forum named motor accidents claims tribunals which substituted civil courts to provide a cheaper and speedier remedy to the victims of an accident by motor vehicles. The suit for damages was filed with the civil court, after the payment of ad valorem court fee. However, after the provision of a new motor vehicle act, an application claiming compensation can be made to the claims tribunal without payment of ad valorem court fee.

Procedure to Follow

Section 169 empowers the claims tribunals to formulate its procedure. As the claims tribunals have all the powers equal to the HC, the tribunal may follow the procedure laid down by the Civil Procedure Code. In holding an inquiry under section 168 of the act, the claims tribunal is empowered to follow the summary procedure as it thinks fit. The intention is that the investigation should not take the shape of elaborate and long-drawn proceedings as a regular civil suit but should be concluded as much speedily as possible. The nature of inquiry should be more or less like a judicial inquiry. There can be no gain by saying that vast power exists in the claims tribunal to conclude its procedure in dealing with the claim applications. The claims tribunal has all the trappings of a court and the proceedings before it closely resembles the proceedings in a civil court.

The whole intention of the legislature is to ensure speedy disposal of the claim applications filed by the injured persons or the legal representatives of the deceased. Moreover, in case of absence of any restraining provisions, the claims tribunal has the liberty to follow any procedure that it may choose to evolve for itself as long as it is consistent with the rules of natural justice and does not contravene the provisions of law.

Tribunal Civil Court And All Trapping of Civil Court

It's a settled law that the motor Accidents claim tribunals are civil courts and also having all trappings of the civil court. The tribunal is also vested with the powers to deal with the motor accidents arising out of the use of the motor vehicles. For recovery of the number of interim award tribunals under inherent powers can pass an appropriate order to deposit the same or to protect the interest of the claimants by giving an order.

Procedure to make an Application for Compensation in the tribunal

An application for compensation is made under section 166 of the Motor Vehicles Act and shall be accompanied by a court fee of Rs. 10 in the form of court-fee stamps. Following particulars are required to be provided when a Claimant files an application seeking compensation:

  1. Name and father's name of the person injured/dead (husband's name in the case of a married woman and widow).
  2. Address of the person injured/dead.
  3. Age of the person injured/dead.
  4. Occupation of the person injured/dead.
  5. Name and address of the employer of the insured/dead, if any.
  6. Monthly income of the person injured/dead.
  7. Whether the person in respect of whom compensation is claimed pay income tax (to be supported by documentary evidence)
  8. Place, date and time of the accident.
  9. Name and address of Police station in which jurisdiction the accident occurs or is registered.

Limitation Period: No application for compensation shall be entertained unless it is made within six months of the occurrence of the accident.

Appeal

An appeal against the order of the Claims Tribunal lies to the High Court and may be filed within ninety days from the date of the award. No appeal shall lie against an award if the amount in dispute in the appeal is less than 10,000 rupees.

Who can file an Application for Compensation?

An application for compensation involving the death of, or bodily injury to, persons arising out of the use of motor vehicles, can be made–
  1. by the person who has sustained the injury; o
  2. by the owner of the property; or
  3. where death has resulted from the accident, by all or any of the legal representatives of the deceased; or
  4. by any agent duly authorized by the person injured or all or any of the legal representatives of the deceased, as the case may be.

Where to File an Application for Compensation?

Every application shall be made, at the option of the claimant,
  1. To the Claims Tribunal having jurisdiction over the area in which the accident occurred or
  2. To the Claims Tribunal within the local limits of whose jurisdiction the claimant resides or carries on business or
  3. Within the local limits of whose jurisdiction the defendant resides.

In order to penalize under the provision of Motor Vehicles Act, the sentence or fine or both is imposed on the violators. Criminal Law also deals with a situation when the driver of an offending vehicle commits an accident due to the negligence on their part leading to the victim's death.

The Motor Vehicles Act provides various Rules & Regulations for the public, and it has vast importance in our society due to advancement in the industry of automobiles. If any of the rules are violated, severe punishments are imposed upon the offender. We must understand the object behind the Act and should play an important role in its implementation since we are the sole beneficiaries and violators under the Act.

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Accident Laws Under Aviation

By: admin Accidents 09 Jul 2019

Aviation Accident Laws pertain to the formulation of policies, implementation and regulation for the growth and expansion of air transport, aeroplane crashes, air traffic, etc. Travelling by aeroplane is still one of the safest forms of transportation, and aeroplane crashes are infrequent, they do still happen occasionally. When they do, the specific area of law governs whereabouts of the accident both literal and figurative.

Nowadays, the use of air transport is a part of life, whereas the primary concern for the aviation industry is the safety of people. Various systems are established under the different acts for the safety of people. 
Families those killed in the accident as well as the survivors are brought to a broad range of legal suits against the responsible airline, aircraft manufacturer, pilot or others. The Aviation laws are similar to personal injury, and obviously, the claims mainly rely upon determining the cause of the accident. The Accident may cause due to pilot error, mechanical failures or any of the defective parts.

The Ministry of Civil Aviation is the ministry responsible for the formulation of policy and regulation of civil aviation in India. The MCA oversees the planning and implementation of the schemes for the growth and extension of civil air transport, airport facilities, air traffic services and carriage of passengers and goods by air.

The principal regulatory authorities functioning under the authority of MCA are Directorate General of Civil Aviation, Airports Authority of India, Airport Economic Regulatory Authority, the Bureau of Civil Aviation Security.    
The events of investigation of incident and accident are governed by the Aircraft (Investigation of Accidents and Incidents) Rules 2012. The Rules are provided to the Aircraft Accident Investigation Bureau of India in order to inquire into the occurrence of accidents or incidents.

When after completion of the investigation, any new and material evidence becomes available, the central government may direct the reopening of the case or inquiry. The Aircraft Accident Investigation Bureau maintains the database of a severe incident and accident to provides the same for inclusion in safety data being maintained by the Directorate General of Civil Aviation, which is required to share their database with the Aircraft Accident Investigation Bureau regularly.

The AERA Appellate tribunal governs dispute between the service provider and consumer goods. Consumer disputes are taken up by the Consumer  Redressal Forums under Consumer Protection Act, 1986. The type of court assigned is determined by the value of the dispute. Also, the type of dispute determines whether the matter is civil or criminal.
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Causes For Railway Accident

By: admin Accidents 10 Apr 2019

When a train accident occurs, there are multiple parties who may be held liable for any pain and suffering, loss of income, medical costs and other costs associated with a train accident. Responsible parties may include the company that owns and operates the train, the employees of the train, manufacturers or suppliers of any defective parts of the train, or any other party that contributed to the train accident.
 
Common Causes Of Train Accidents;
 
1) Human Error:- Human error also continues to be the leading cause of many train accidents throughout the country.  However, train accidents caused by human error must continue to be addressed through heightened requirements and increased penalties/fines. The umbrella term “human error” includes the following:
Engineer distraction
- Excessive speed
Failure to timely brake
 
2) Track and Roadbed Malfunctions:- Broken rails and track issues still remain a common cause of train derailments. However, this is a decreasing factor, nowadays. This substantial decrease has been due to the concerted efforts of many different organizations to tackle this ongoing problem and prevent the loss of life caused by train accidents.
 
3) Mechanical Failure:- Mechanical failure does play a larger role in train accidents and derailments.  Trains must be regularly serviced to stay in working condition, and the failure to notice an obvious issue with the train performance could lead to a devastating accident in the future.
 
Railway Claims Tribunal: The administration of the Railways is not limited only to the running of the Railway, it is something beyond that. The functioning of the Railways also includes issues like the loss or damage to the goods of passengers travelling in the trains, non-delivery of the goods, thefts, accidents causing injuries and death of the passengers as well as of the common people and many more issues. Substantive liability of the Railway Administration for these issues is laid down in the Railway Act, 1989. 
This act provides the speedy justice to the rail users and passengers by way of expeditious payment of compensation to the victims of rail accidents, to give compensation to the people whose goods are lost or damaged while with railways. To provide better access to the people across the country, various benches of the tribunal are established in the country.
 
Jurisdiction of the Tribunal: The Railway Claims Tribunal exercises all such jurisdiction, powers, and authority as were exercisable immediately by any Civil Court or a Claims Commissioner appointed under the provisions of the Railways Act which are related to the responsibility of the railway administrations as carriers under Chapter VII of the Railways Act in respect of claims related to:
Compensation for loss, destruction, damages, deterioration or non-delivery of animals or goods entrusted to a railway administration for carriage by railway,
- Compensation is payable under Sec. 124 & 124A of the Railways Act of the rules made thereunder; and
- Claims for refund of fares or part thereof or for the refund of any freight paid in respect of animals or goods entrusted to a railway administration to be carried by railway.
- The RCT (Railway Claims Tribunal) to provide better access to justice for the people has its benches throughout the nation. There are basically 21 benches of the RCT (including the principal bench at Delhi) at 18 major cities. 
 
Procedure Followed by the Railway Claims Tribunal
- Section 18 of the Railway Claims Tribunal Act, 1987 talks about the procedure and powers of Claims Tribunal.
- The Claims Tribunal shall not be bound by the procedure which is laid down by the Code of Civil Procedure, 1908 (5 of 1908).
- But, it shall be guided by the principles of natural justice and subject to other provisions of the Act and of any rules.
- The Claim Tribunal is having the power to regulate its own procedure including the fixing of places and times of its inquiry.
 
Power of the Railway Claims TribunalThe Section 18 of the Railway Claims Tribunal Act, 1987 mentions that for the purpose of discharging its functions under this Act, it shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, while trying a suit.
 
Compensation: The Railway Claims Tribunal provides quick reliefs and early payments of compensation in the following cases.
- For loss, destruction, damage, deterioration, non-delivery of animal/goods booked by railway or for the refund of fare or freight in case the claimant is not satisfied with the relief that was provided by the railway administration.
- Death and injury in case of railway accident & untoward, in this case, the claimant has to file the claim directly before the Railway Claims Tribunal.
 
Acts and Rules governing the Railway Claims Tribunal
 
1) The Railway Claims Tribunal Act, 1987:- 
- the jurisdiction, powers, and authority which may be exercised by the Claims Tribunal;
- the procedure (including provisions as to limitation) to be followed by the Claims Tribunal;
- the exclusion of jurisdiction of all Courts exercising ordinary civil jurisdiction relating to specified claims for compensation and refund against the railway administration;
- the transfer to the Claims Tribunal of any suit or other proceeding, other than an appeal pending before any Court or other authority immediately before the establishment of such Claims Tribunal as would have been within the jurisdiction of such Claims Tribunal if the cause of action on which such suits or proceedings are based has arisen after such establishment.
 
2)The Railway Claims Tribunal (Procedure) Rules, 1989:
- These are the rules made by the Central Government dealing with the procedure for filing applications, application fees, the document to accompany the application, and other rules.
 
3)The Railway Accidents And Untoward Incidents (Compensation) Rules, 1990: 
- These are the rules made by the Central Government dealing with the claim of compensation, limit of compensation given in the case of the Railway Accidents and Untoward Incidents.
 
Note: To know more about the laws and procedures involved, you can contact us at 'Legatoapp' where we help you in connecting with experienced lawyers who can assist you with the documentation and procedural aspects.
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