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What the Injured Person or the Person whose property is injured or the Heirs of the Person who dies in any such Motor Accident should do?
Such Injured Person or the Heir must, as soon as possible, register the First Information Report (FIR) with the Police Station in whose jurisdiction/ area the accident took place, if the same has not already been registered by the police.
Further, such Injured Person or the Heir must co-operate the police fully and truthfully during investigation of the case to bring out the true facts.
Further such injured person or the heir must also receive and preserve the following documents for filing Accident Claim under Section 166-140 Motor Vehical Act:
1. Copy of the FIR registered in connection with said accident,
2. Copy of the Medico Legal Certificate (MLC) / Post Mortem Report / Death Report as the case may be,
3. Original bills of expenses incurred on the treatment along with treatment record,
4. Disability Certificate, if already obtained, in such injury case.
What the alleged offending motor driver should do?
The first and foremost responsibility of such alleged offending motor driver is to immediately take the injured person to some nearby hospital for treatment.
Secondly, if not already arrested, move application in Court through his Lawyer/ Advocate for Anticipatory Bail; and, If arrested, move application in Court through his Lawyer/ Advocate for regular bail,
Thirdly, move application in Court through his Lawyer/ Advocate for the release of his motor vehicle on Superdari.
Fourthly, fight the Court Case through his Lawyer/ Advocate.
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