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Uhi i had a accident on 24 jan where i was driving the car and passing the crossing and 2 minor on motorcyle hit me (T-bone) to the driver door both were 15 years old. i one who was driving died after some time and other got injured on leg. Police Submiited FIR against me which says 106(a), 125(a), 281. also its says that the minor were standing on the crossing with bike not driving it. now i have hired a good criminal lawyer. In challan mechinal report says rh complete damage and rh airbags open and still my car front side complete intacted. also its happend on night and car kept there on road and in morning my car was even more damaged. now things that i’m worry about i purchased second and it was still on previous Owner name had a valid insaurance but my fitness expired on 21 jan though i have appiled renewel on 17 jan. today only i have received MACT notice which they have filed against me.
I’m too much worried and in under extreme stress. i dont want to pay the hefty amount since i’m not rich nor we have alot of money. I havent done anything wrong. i want some ADV. advice who have been through this or handles such cases and can guide me so i dont have to pay and i dont want to go jail for something i havent done!! -
SHi, I am a lawyer, but not your lawyer, this is not legal advice, it is merely my opinion based on limited knowledge of facts.
Contest the MACT claim, I guess.
Lack of fitness certificate is generally considered a violation of insurance terms, so there is a likelihood that the Insurer will get exonerated and liability will fall upon you. In this case, however, if you have documentary proof of having applies for a fitness certificate, that might work in your favour.
In such cases normally the MACT directs ‘pay and recover’ where the Insurer is directed to pay the amount to the claimants and then recover the same from the owner – you.
All of this pre-supposes that full negligence on your part is proved, if your description is correct, perhaps you can argue that they were negligent or there was contributory negligence.
All in all, it’s a case of death and injury, the injured person will get compensation commensurate to their disability %. I would highly recommend contesting the claim with a lawyer, do not just ignore the MACT proceedings thinking that the Insurer will duly contest the claim keeping your interest in mind.
Regarding the criminal case, you have a lawyer already, so all the best with that.
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Ui have hired a civil lawyer as well. do they need to prove me negligent first? or the court will direct me to pay for the compensation. also i Have receipt from rto of the payment of renewel receipt and fitness certificate that the vehicle is fit also they took the picutre and inspected the vehicle and insaurance is valid till july 2026. Also court wont consider the like they were 15 year old and driving the motor cycle.
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Uthis sounds really stressful especially with both criminal case and mact running together because things can feel out of control quickly the part that often ends up mattering later is how the sequence of events is shown on record like where exactly the bike was and what the mechanical report supports since that can shape how liability is seen also details like vehicle documents sometimes come into play in ways people dont expect so it is good you are already aware of that side have you gone through the fir and challan line by line with your lawyer to see if there are any clear inconsistencies between what police wrote and what the damage report shows
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