Hyderabad (Telangana):We often feel helpless when a driver damages our precious vehicle and escapes without paying a penalty. However, there are legal steps one can take to ensure full compensation for the damaged car.
Advocate Sandeep Hari, who spreads awareness on road safety, court litigation, hospitals, vehicle repair, insurance claims and defensive driving, shared his personal experience of giving a tough time to a driver after the latter caused a dent in the car's left side, deep scratch on the door, destroyed the ORVM cover, abused Hari and ran away.
Hari took to X and stated in detail the legal procedures he adopted to ensure that the driver paid through his nose for the compensation. First up, he sent an E-mail complaint to the police on the day of the accident.
Within three days, he visited the police station and submitted a signed complaint, dashcam footage in a pen drive and an affidavit of Section 63 of the Bharatiya Sakshya Adhiniyam (BSA) for electronic evidence.
Responding to this, police registered an FIR and completed the scene of offence Panchnama. Officials then called the accused owner as per Regional Transport Authority (RTA) records but got no response. Police then visited the address and served a notice to the accused to appear for investigation.
The driver reached the police station and spent half a day producing an original driving license, and registration certificate. However, he failed to produce his insurance details.
Next up, Hari was called in to give his statement. Initially, the driver blamed and harassed Hari, unaware of the fact that he had produced the dashcam footage at the police station. The driver, scared and nervous then started begging for mercy but Hari showed no mercy on the accused for damaging his four-wheeler.
Got An Estimate For Repairs: -Hari received a compensation of Rs 27,000 and then went to file a Motor Claim Petition in the local court for Rs 40,000 citing repairs, loss of earnings for three days owing to his visits to the police station and expenses on fuel and the mental agony that he had to endure during this period.
What Happened To The Driver?The driver got no insurance and was forced to pay out of his pocket for the loss Hari incurred. He also had to spend on advocate fees for civil and criminal cases separately besides paying for the conveyance to courts (Approx Rs 80,000 - Rs 1 lakh)
Also, as per orders, the accused driver now can never own a passport without a court permit. Adding to this is the extra burden of paying for the court cases which will go on for the next one to two years. Even if he moved to another city for work, he would have to keep visiting Hyderabad for the hearings.
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