Advocate Johnson Thomas

Questions Answered by Advocate Johnson Thomas

Q: Drunk friends riding my bike met with accident, one dead, what to do

Sir, My friend was driving my motor bike in alcoholic condition without license .person sitting behind him is dead .what action court will take against me ..and how should i solve this case

Advocate Johnson Thomas answered
There are 2 laws involved in this case. Your friend who as driving your Motorbike in alcoholic condition and without licence is liable for punishment:1. Under India Penal Code (IPC) in case the police have filed a FIR and charged him under sections of IPC.2. Legal heirs of pillion rider can file a claim for compensation as per Motor vehicle Act in MACT (Motor Accidents Claims Tribunal) against you as Owner of Bike, Your insurance co. where Bike is insured and of course the driver of Motorbike, who is responsible for the accident.

Q: Accidental death of child driving without license. Can i be arrested?

Sir i met with an accident 6 months ago ,i was driving my car with my family inside suddenly a boy riding a bike coming from oppsite wrong side in high speed hit my car .and after he was shifted to hospital by me and some local persons he was died and he was riding the bike without halmet .insurance and he does not hold valid driving license .i was booked with RPC304A.279 charges i hold a valid driving licence and all the other documents of vichle .my trail is going and all the witness are with me .now i want to know when he is not (boy who died) not valid to drive any vichle on road Is it my fault that he died on road by riding bike in a very rash manner.plese reply me sir.

Advocate Johnson Thomas answered
In this case, there are two laws are applicable, namely, Criminal case under Indian Penal Code.(IPC) and Civil case under Motor Accident Claims Tribunal under Motor Vehicle Act.As far as the Criminal case is concerned, the police must have filed a FIR, Panchanama and must have taken a statement from witnesses and the case must be going on for proving the negligence from both the parties responsible for the accident & you should take up the possibility of Contributory negligence from the part of deceased Motorcyclist.As far as MACT case is concerned, you don't have to worry so much and your insurance company where your car is insured with if at all you receive a summons.

Q: My tanant applied for adhar card using my address is it legal?

My tanant applied for adhar card using my address. By providing tendency agreement for 11months any problem for me?

Advocate Johnson Thomas answered
No. Your tenant is not wrong in applying for n Aadhar card using the address of his rented house, as long as his tenancy agreement is in force. It is advised to include a clause in the tenancy agreement to that effect.

Q: What are the liabilities of a Director of a Company

i am retired now. during my service in pubic sector unit my friend appointed me as a director in his company i did not take any salary.o activities in that company can there be a problem?

Advocate Johnson Thomas answered
What I understand from your question that you have been appointed as a director in a private company when you were in the service of Public sector company. Please let me know whether any partnership deed has been signed by all partners in that company and you have also signed the same. In the absence of any partnership deed, your appointment as a Director is null and void.