Duty of driver in case of accident and injury to a person
AI Assist
Summary
If a motor accident injures a person or damages third-party property, the driver must, unless prevented by mob fury or other unavoidable cause, take reasonable steps to secure medical aid and convey the injured to the nearest hospital or practitioner. A duty doctor must attend and treat immediately without waiting for formalities. The driver must inform police or report at the nearest police station within 24 hours and give the insurer written details: policy, date/time/place, particulars of injured or killed, and driver name and licence.
Example
Priya is driving and lightly injures Rohan in an accident. She takes him to the nearest hospital so he gets medical attention and the duty doctor treats him without waiting for formalities. Priya reports the incident at the nearest police station within 24 hours and gives her insurer the written details: policy number, date/time/place, Rohan's particulars, and her licence.
Bare Act
Enacted textWhen any person is injured or any property of a third party is damaged, as a result of an accident in which a motor vehicle is involved, the driver of the vehicle or other person in charge of the vehicle shall—
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(a) unless it is not practicable to do so on account of mob fury or any other reason beyond his control, take all reasonable steps to secure medical attention for the injured person, by conveying him to the nearest medical practitioner or hospital, and it shall be the duty of every registered medical practitioner or the doctor on the duty in the hospital immediately to attend to the injured person and render medical aid or treatment without waiting for any procedural formalities, unless the injured person or his guardian, in case he is a minor, desires otherwise;
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(b) give on demand by a police officer any information required by him, or, if no police officer is present, report the circumstances of the occurrence, including the circumstances, if any, for not taking reasonable steps to secure medical attention as required under clause (a), at the nearest police station as soon as possible, and in any case within twenty-four hours of the occurrence;
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(c) give the following information in writing to the insurer, who has issued the certificates of insurance, about the occurrence of the accident, namely—
(i) insurance policy number and period of its validity;
(ii) date, time and place of accident;
(iii) particulars of the persons injured or killed in the accident;
(iv) name of the driver and the particulars of his driving license.
ExplanationsFor the purposes of this section the expression “driver” includes the owner of the vehicle.
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