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Q.Seized Complainant's Bike amd License along with Accused

Q. Seized Complainant's Bike amd License along with Accused

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Pratik Patole

posted 8 months ago

Hello experts,
I mate with an accident today. One tempo truck hit me due brake failure as driver said . I am all right somehow manage to avoid bad impact. But one lady got serious injuries in that accident as tempo hit her and she is hospitalised. my bike handle is twisted and rear tale light section is broke. Police has taken my and tempo driver's license. And bike is at Police station. They are saying we can't give your license and Bike back till RTO verification. Next day I have filed FIR also as Police said that lady can't give statement. So is this a valid legal procedure? Or should i take my bike and license back?

Showing 3 of 3 Responses

A. Dear Sir,
The police must have taken custody of your bike as they apprehended the accident to be a result of "Head on Collusion". In an accident case, you have to lodge an FIR against the offending tempo driver. You have the right to get back your bike and license. They cant impound your vehicle.
You may request the OIC to release yoir bike, if he does not do so then move to the next level officer. If none respond then you may move before the Judicial Magistrate for release orders.

Vedant Lakhotia

Experience: 3 Year(s)

Responded 8 months ago

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Pratik Patole

Experience: 1 Year(s)

Replied 8 months ago

I have filled the FIR on tempo driver due to that Lady's death. Today they told me that RTO verification is done you can take your bike back.

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Vedant Lakhotia

Experience: 3 Year(s)

Replied 8 months ago

Dear Sir,
You are the complainant in that case and also the witness.
You have got your vehicle back along with the license.
You can now claim for third party damage from the Insurance company in relation to your bike damage if your insurance company does not pay you fior own damage. You can also claim for any treatment if you had undergone, because of this accident.
You shall be as witness for the accident when the family members of that deceased lady file an MACC case with MACT for claiming damages. Please give your statements so that the Insurance company is compelled to pay adequate damages to her family and your bike is not treated as "Head On Collusion."

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Pratik Patole

Experience: 1 Year(s)

Replied 8 months ago

But Why should I supposed to apply for third party insurance claim ? I did not hit that lady . My vehicle also don't have any charges as discussed with Police. Police told me that they have to do RTO verification as Tempo hit you.

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Vedant Lakhotia

Experience: 3 Year(s)

Replied 8 months ago

Dear Sir,
You can file third paty claim against the insurance company of the offending vehicle if your own insurance company pays less amount on account of "Own Damage". If you suffered serious injuries then that claim can also be filed. You would act as a witness for getting justice for that lady in terms of compensation. You do not have to pay anything, it will be paid by the Insurance company.

Reply

A. Move an application of superdari to the concerned magistrate of your area

GANESH SHARMA

Experience: 3 Year(s)

Responded 8 months ago

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A. sir,
Approach the jurisdictional JM through advocate and file petition for return of the property.

Johnson Thangiah

Experience: 18 Year(s)

Responded 8 months ago

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