Sirisha
Asked July 10, 2016

road accident

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Which punishment give on the road accidents?

Answer 1

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Saumya Kumar
In a motor accident, a person can file a suit under the Motot Vechiles Act, 1988 and under different sections of the Indian Penal Code, 1860. Depending upon the fatcs and circumstances different differnet amount of penalty may be imposed. Motor Vechiles Act, 1988 For a complaint under Section 140 of the Motor Vechiles Act, 1988, the injured party will get compensation even if the accused had no fault. Under this section, a fixed amount of compensation is to be paid to the injured party by the accused. Rs. 50,000/- in case of death and 25,000/- in case of permanent disablement. The injured party can also get compensation under the structured formula given in the Second Schedule of the Act. In case of a hit and run where the name and location of the driver is unknown then the Cliams Tribunal can award compensation upto 25,000/- and 12,500/- in situation of death and grievous injury respectively which will be paid by the Government. Indian Penal Code, 1860 Accidents which are caused by the rashness or negligence of the driver give are covered under Section 304A of the IPC and an accused can be punished for for 2 years or fine or both. Section 279 covers rash driving or riding on public way which is punishable by the way of imprisonment up to 6 months or fine of one thousand rupees or both. Section 336 provides that anyone who acts rashly or negligently which endangers human life or safety can be punished with imprisonment for a term up to three months or a fine of rupees 250/- or both. Section 337 and section 338 cover causing hurt and causing grievous hurt which threatens life and safety of people and and the person is liable to pay up to rupees 500/- as fine and can be sentenced imprisonment for a term of six months. Further, depending upon the facts of the case, the accused can also be charged for culpable homicide under Section 304 of IPC which carries maximum punishment for 10 years. For more details, you can refer to our blog on - http://lawfarm.in/in/blog/all-you-need-to-know-about-road-accidents
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