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How to file case in road accident leading to death on spot?
07-Jan-2023 (In Motor Accident Law)
On 7th of September last year, my mother died in a bus accident. She was standing on the left side of the road at the shoulder area, atleast 4 feets away from the road. She got hit by a passenger bus and was runned down by it leading to death on spot. I know it is already late to get into action but we have some witnesses who have agreed to speak at the court. But the police aren't working correctly, as usual, as they have filed a witness' who says it was my mother's fault. But we have met a number of people who are saying it's all but the driver's fault. While some are agreeing to stand at the court while some deny as the policeman of that area is not a good person. How can i use these witnesses to bring us justice? How can i make this case really against the driver? What all should i do to help my case?
has the Police registered FIR in this case? if yes what all sections has the police put on the accused. Once the FIR has been registered the case.
In the case of accidents where all parties involved are alive, present and available, the police should determine the cause of the accident, through a process of investigation. But mostly, this is not done. They will simply write it down as 'overspeeding' since that is the laziest determination they can come up with, without even visiting the spot of the accident.
The court, after questioning, if the police version is uncontested, will slap a fine, which won't be much, on the errant driver/party. The insurance companies will conduct their own investigation and end up paying for damages.
If one party chooses to contest, the police will hate it, for they will have to conduct a thorough investigation to make a case, which means show up in court in order to argue, which means less bribe earning time. They will ask the other party to settle out of court! If that party also wants to contest, the police will set up a bribing bidding competition between the two. If neither pays, they will do their job(s).
In your specific case, since someone has died, it will be a whole lot more serious. The police cannot ignore the investigation and the person responsible will in all probability be brought to court. That party will fight the case, because it is only logical. Keep all your evidence, and witnesses handy. You will need them in court.
In the case of accidents where all parties involved are alive, present and available, the police should determine the cause of the accident, through a process of investigation. But mostly, this is not done. They will simply write it down as 'overspeeding' since that is the laziest determination they can come up with, without even visiting the spot of the accident.
The court, after questioning, if the police version is uncontested, will slap a fine, which won't be much, on the errant driver/party. The insurance companies will conduct their own investigation and end up paying for damages.
If one party chooses to contest, the police will hate it, for they will have to conduct a thorough investigation to make a case, which means show up in court in order to argue, which means less bribe earning time. They will ask the other party to settle out of court! If that party also wants to contest, the police will set up a bribing bidding competition between the two. If neither pays, they will do their job(s).
In your specific case, since someone has died, it will be a whole lot more serious. The police cannot ignore the investigation and the person responsible will in all probability be brought to court. That party will fight the case, because it is only logical. Keep all your evidence, and witnesses handy. You will need them in court.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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