Death of mother in road accident


My mother died on the spot in a road accident. My sis was with her at that moment. They were coming out of a banquet from a b'day party. The driver of the car was held on the spot by my sis and my cousin ( who was talking over phone outside the banquet at that moment). My cousin became the first eye witness . Since sis was not in a position to talk at that moment so she gave her witness very next day and thus registered as second eye witness.

Opposite party i.e. the driver had clearly denied the fact that he has done anything wrong instead he said I stopped my car just to help them out. Now my question is , What if my cousin doesn't appear on the date of hearing for his witness? To what extent it can affect the case? Will there be any compensation by court under such situation? My sis evidence has already been done on the last date of hearing & Postmortem report also states that It was death due severe injuries caused in an accident.

Answers (1)


291 votes
Was the driver arrested by Police? Was the vehicle impounded and mechanical inspection done? Was a site map prepared at the accident spot? These things beside other are necessary for prosecution of the driver and for a claim under Motor Vehicle Act. There are two separate cases in case of accident. One is criminal liability and one is civil liability under Motor Vehicle Act. Your cousin shall have to appear before the criminal court and give evidence. He may not support your case and turn hostile is another thing.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Popular Criminal Lawyers


Advocate H Gouri Shankar
Dilsukhnagar, Hyderabad
24 years Experience
Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
20 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
33 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
19 years Experience

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Criminal Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related Questions


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."



Related Articles