Motor Vehicles Act Section 134 — Duty of driver in case of accident and injury to a person

CHAPTER VIII CONTROL OF TRAFFIC

Civil

Summary

When a person is injured or a third party's property is damaged in an accident involving a motor vehicle, the driver or the person in charge of the vehicle has certain duties.

Under clause (a), the driver must take all reasonable steps to get medical attention for the injured person, unless it is not practical to do so because of mob fury or any other reason beyond the driver's control. This includes conveying the injured person to the nearest medical practitioner or hospital. It is also the duty of every registered medical practitioner or the doctor on duty at the hospital to attend to the injured person immediately and provide medical aid or treatment without waiting for any procedural formalities. This duty applies unless the injured person, or the guardian if the injured person is a minor, chooses otherwise.

Under clause (b), the driver must give any information demanded by a police officer. If no police officer is present, the driver must report the circumstances of the accident, including any reasons 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 accident.

Under clause (c), the driver must give the following information in writing to the insurer who issued the certificates of insurance about the accident: the insurance policy number and its period of validity, the date, time and place of the accident, the particulars of the persons injured or killed in the accident, and the name of the driver and the particulars of his driving licence.

The explanation clarifies that for this section, the expression "driver" includes the owner of the vehicle.

Official Text

When 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—

(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, 1[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;

(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. 2[

(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 licence.

Explanation.—For the purposes of this section, the expression “driver” includes the owner of the vehicle.]