MACT Claim and Criminal Case After Road Accident — How to Handle BNS Sections 106, 125 and 281

Rohan Verma, a salaried professional from Gomti Nagar, Lucknow, was driving his recently purchased second-hand Maruti Suzuki Swift through a busy crossing late on the night of 18 February 2025. Two minors, both aged fifteen, were on a motorcycle that struck Rohan's car on the driver's side in a T-bone impact. One of the minors, who was driving the motorcycle, passed away shortly afterward; the other sustained a leg injury. The police filed an FIR against Rohan under Section 106(1), Section 125(a), and Section 281 of the Bharatiya Nyaya Sanhita.

The mechanical inspection report told a clear story. The right-hand side of Rohan's car was completely damaged, both right-side airbags had deployed, yet the front of the car was entirely intact — consistent with a lateral impact from the motorcycle, not a frontal collision caused by Rohan. Making matters worse, the car was left at the scene overnight and sustained additional damage by morning. The police FIR, however, recorded that the minors were allegedly stationary at the crossing rather than riding.

The vehicle was still registered in the previous owner's name, carried valid insurance, but the fitness certificate had lapsed on 19 January 2025, though Rohan had applied for renewal on 14 January 2025. A MACT (Motor Accident Claims Tribunal) notice arrived soon after. Rohan had initially consulted a local general practice advocate, but the procedural complexity of a simultaneous criminal defence and MACT response left both him and his earlier counsel uncertain. He then approached Advocate Sudhir Rao. A focused, evidence-led strategy — anchoring on the mechanical report, the airbag deployment pattern, CCTV footage from a nearby Reliance Smart Point outlet, and a detailed challenge to the FIR's factual narrative — significantly strengthened Rohan's position before the Tribunal and the criminal court.

You can read about this case in detail at https://sudhirrao.com/mact-claim-criminal-case-road-accident-bns-106-125-281/