bullet accident national highway victim of age 65 died on spot bullet accident national highway victim of age 65 died on spot

6 months ago

My friend took my bullet 350 bike for few days which is having all papers in force and he made an accident by hitting a perosn on national highway and the person died on spot and minor damages to bike and my friends right hand got broken and the only major thing for him and he is safe and now my question is does police will hander over my bike or not , how many days does it takes to get my bike and here the victim wants to settle issue without gng to court and my friend is not telling clearly but police filed case on his name

Legal Counsel Vidhikarya

Responded 6 months ago

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A.Dear Client,
Once an FIR against a motor accident is registered by the Police and the vehicle was seized by the Police, until and unless the cause of accident that took the life of a person is investigated and the final report is submitted before the Court i.e, Motor Accident Claim Tribunal and after trial of the case is over, the vehicle is not returned to the owner even if the victims heir wants to settle the claim out of Court. If the vehicle is insured with an Insurance Company, then the Insurnce Company alongwith vehicle owner shall be made party to claim petition made under Sec.166(3) of the Motor Vehicles Act, 1988 before the Motor Accident Claim Tribunal(MACT) within a period of six months is calculated from the date of the accident. Based on the investigation report of Police, cause of accident and insurance coverage and other evidences, Court passed an order allowing compensation payable by the Insurance Company to the legal heirs of the victim. If for any reason the Insurance Company rejected that claim for any default on the part of owner of the insured vehicle, then liablitity to pay the awarded compensation lies upon the concerned owner of the vehicle. The Vehcile shall remain under the custody of Police till the disposal of case by the Court. Reach out to an Advocate for guidance and steps.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 6 months ago

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A.Dear Client,
When a vehicle is involved in an accident resulting in a fatality, the police may seize the vehicle as part of their investigation. In many cases, they will do this to gather evidence and ensure that the vehicle is not tampered with. Since the police have filed a case against your friend, it is crucial to cooperate with the authorities. Once the investigation is complete and if your bike is not considered crucial evidence, it may be released to you. However, this can vary depending on the circumstances of the case and the discretion of the investigating officer. It's important to note that any settlement with the victim's family should be done legally and with proper documentation. Consult with a lawyer to ensure that any compensation or settlement is handled appropriately.
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