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claim & punishment in case of death in a car accident. How to proceed?


28-Apr-2023 (In Motor Accident Law)
I want to get the legal opinion on the case given below: Our near relative met a car accident which collide with three persons one of which died in hospital. The car was being driven by the driver having genuine driving license and the owner of the car was not travelling. Presently the driver has been surrendered and has got the bail on surety bond submitted by his own relative. on the other hand the car which was put on the police custody also was release through court process by submitting the surety bond. Please advise how the case will be processed and who is the faulty (car owner or driver) for punishment (if any) as well claim if made by other party for the above. may please treat the driving with negligence.
Answers (2)

Answer #1
810 votes
Section 279 , 304A IPC will apply to ur case which is bailable and driver is liable for punishment if any contact for more info.
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Answer #2
770 votes
For this you have to file a case in MACT court of your district. As far as punishment is concerned that will be decided on merits of case in which fir is lodged. For More brief u may call me as I am advocate Avdhesh chaudhary

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