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Major hit and run cases

November 02, 2020
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Major Hit And Run Cases

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This article is written by Nehal Kharyal, from Vivekananda Institute of Professional Studies (VIPS). This is an exhaustive article that describes major hit and run cases and it’s legal consequences.

Introduction

Did you know that as per the latest report of Indian government it is stated that over 1.5 lakhs deaths takes place annually due to motor accidents in India. In a layman’s term hit-and-run accidents can be described as a case where an individual hits another vehicle and flees away from the spot. However it is the civil as well as criminal responsibility of the driver to report a mishap concerning the vehicle as earlier as possible. Hit-and-run cases in India are covered under Motor Vehicles Act, 2019. This act explains the laws which are imposed on the driver or on an individual involved in hit-and-run accidents. 

The biggest issue in these kinds of cases is that there is a lack of direct evidence, as there is no hard evidence to put these culprits behind the bars. Due to lack of evidence it becomes difficult for the police to investigate the matter. Sometimes due to the speeding vehicles and rush it also becomes difficult for the eyewitnesses to see how exactly the accident took place due to which they aren’t able to help with the investigation. The police left with no option have to rely on the indirect piece of evidence in such cases. It becomes very hard to identify and punish these culprits as the reason earlier mentioned that there is a lack of evidence and witnesses. However there are many instances when the law has convicted them as well.

Civil vs Criminal consequences

The accidents which take place between vehicles and pedestrians cause one death every 1.6 hours on our nation’s roads and highways, according to the data of the Center of Disease Control and Prevention(CDC). There are a number of Civil and Criminal consequences which drivers have to face if he/she is at fault. Let’s have a look at different possibilities.

Criminal Consequences 

Civil Consequences

Hit-and-Run case fine

Over 30% of all road accidents in India are hit-and-run cases but sadly out of this only 10% of road accident drivers are booked. This statistics shows how roads have become unsafe for everyone. In order to curb this problem many legislation have been made to punish an individual involved in a hit-and-run accident. As according to Section 161 of the Motor Vehicle Act, it defined a hit-and-run case as “an accident arising out of the use of a motor vehicle the identity whereof cannot be ascertained in spite of reasonable efforts for the purpose.” There are also certain sections under Indian Penal Code, 1860 which are imposed on the victim of hit-and-run incidents.

Major hit-and-run cases in India

According to the police the incident took place at around 8:55pm that day when Siddharth’s friend dropped him near Civil Lines area. While he was about to cross the road a speeding Mercedes hit him. In this case the juvenile was kept in custody for over 8 hours and later he was released on bail.

Jahanvi was booked under “culpable homicide not amounting to murder” along with rash driving charges. 

What to be done after an accident

After an accident, the victim has to go through a lot of stress but it is always advisable to stay calm. You should gather the information of the driver at fault because if you have proper information then chances to catch the person who is at fault will be higher. If you see any witnesses ask them for their name and contact details. Besides this, you should also note the following-

The above-mentioned points will also help you to take a claim from your insurance company and this will also help you to prove that it is not a false claim.

Filing a First Information Report(FIR)

It is necessary for the victim of a hit-and-run accident to report this incident to the nearest police station. After informing, the victim will get an FIR filed and this will help the victim to get his car insurance claim.

What should not be done after a hit-and-run accident

If you are involved in a hit-and run accident then you must avoid doing certain things and those are-

Conclusion

The knowledge of the hit-and-run case mostly came to the people after the Salman Khan hit-and-run which took place in 2002. In this case he was accused of driving his car onto the footpath into a group of homeless people. There are many high profile cases in India which took place but only some of them get attention. The usual reason found behind hit-and-run cases are rash driving, drink and drive etc. Compensation given to victims is very low. However a bill is pending in the parliament to increase the same from 25 thousand to 2 lakhs. 

References


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