When an accident involving the vehicle driven by you occurs and if you are not seriously injured, you are legally bound to shift anyone injured to a nearby hospital. If no vehicle is available to do that, you can call 108 to get an ambulance or contact the police control room on 100. Then you should inform the nearest police station about the accident. A police sub-inspector (PSI) with the Traffic East station, who did not wish to be quoted, said that based on the complaint filed by one of the drivers involved in the accident, the police would register a first information report (FIR). The complainant will get a copy of the FIR free of cost. If the “accused” wants to have a copy of it, he or she will have to pay the prescribed fee.
It is possible that both the drivers file complaints. “In accident cases, two complaints on the same incident are rare. In my three years of experience, I have come across only one such instance,” recalled Gurudat Kamath, Police Sub-Inspector, Traffic West.
However, the police would have to register the counter complaint, if filed. The veracity of the complaint would be verified during investigation, Mr. Kamath said.
The PSI of Traffic East said that the police would decide which driver was responsible for the accident, based on the circumstances. In some cases of head-on collision, if both drivers are found to be at fault, both of them will be considered as “accused”.
Mr. Kamath said that in case a person driving without licence meets with an accident, the case would be booked against the driver as well as the vehicle owner. If the driver has a licence, no case will be booked against the owner either. Only the driver will be booked.
The Traffic East PSI said that the person involved in the accident would have to inform the concerned insurance company about the accident. To claim compensation for the physical injury, it is mandatory that the police file the FIR. It may not be necessary for claiming insurance for damage to vehicle. The compensation claim forms have to be obtained from the police station. The compensation claims for injury are decided by court. The insurance companies pay the compensation for physical injury based on the court verdict.
S.P. Chengappa, president, Mangalore Bar Association, said that Legal Services Authority provides free legal assistance to poor persons in claiming compensation for physical injuries. Ramesh Kote, surveyor and assessor for vehicular accidents, said there are two types of insurance. The “third-party insurance” refers to complainant of the accident claiming compensation from the owner of the other vehicle (opposite vehicle) involved in the accident. “Comprehensive insurance policy” refers to the complainant of the accident claiming compensation for himself or herself and other occupants of the vehicle for physical injury and damage to the vehicle. Comprehensive policy includes the third party insurance.
