Legal advice regarding a minor road accident case in India

Dear Client,
In the hit-and-run case, police files an FIR on both the persons involved in a road accident based on the nature of accident that varies from case to case. In motor accident cases both the owner and driver of the vehicles are liable to face prosecution proceedings initiated before the Motor Accident Claim Tribunal once an FIR is lodged in the police station and the legal heirs of the deceased victim and the injured persons apply to the Tribunal under Section 166 of the Motor Vehicle Act, 1988 within six months of the occurrence of the accident. If the vehicles of both parties are insured, then whoever is proven guilty of the accident, his or her Insurance Company has to pay the compensation to the injured person if the cause of the accident meets the conditions of the Insurance policy. Section 164 of the Motor Vehicles Act, 1988 (as amended in 2019) states that the owner of the motor vehicle or the authorized insurer shall be liable to pay compensation of five lakh rupees in case of death or two and a half lakh rupees in case of grievous hurt to the legal heirs or the victim, as the case may be. The claimant is not required to prove that the death or grievous hurt was due to any wrongful act or neglect of the owner or any other person. You have to establish the fact before the Court, denying that you were driving the vehicle rashly and that the accident arose not on account of your negligence. You have to take the defense that in spite of cautious driving, you met with an accident. In this context, the judgment passed by the Calcutta High Court in the case of Senjuti Roy (Nee Sengupta) VS New India Assurance Co. Ltd. and the judgment passed by the Rajasthan High Court in the case of Ganesh Bairwa VS Ramphool Bairwa may be referred to. As regards your travel to abroad amid court proceedings, be informed that a person accused of a criminal offences and whose case is pending for trial before the Court may potentially affect and impact the processing of the passport/visa. The specific impact will depend on the nature of the crime, the country to which the individual is applying for a visa, and the immigration laws of that country. You can get a visa/passport issued, may be for a short duration, even during the pendency of criminal proceedings in court or before any law enforcement agency subject to permission of the concerned Court or law enforcement agency where the criminal proceeding is pending. The Allahabad High Court has ruled that a person's application for a visa/passport cannot be withheld merely on the ground that the applicant has a pending criminal case. Further, in the case of Poulami Basu vs The Government of India (2022 SCC OnLine Kar 1606), a single Bench of Karnataka HC held that the right to travel abroad is a fundamental right guaranteed under Article 21 of the Constitution of India. Hence, it is advisable to consult with an Advocate experienced in MACT matters to navigate the issue in the right way.