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if driver hits some1 to death what is the legal consequences
19-Aug-2023 (In Motor Accident Law)
WHAT HAPPENS IF MY DRIVER HIT TO DEATH SOME ONE BY MISTAKE, EVERY DOCUMENTS FOR THE VEHICLES IS UP TO DATE, DRIVER IS ALSO FULFILLING EVERY CRITERIA OF HAVING D.LICENCE AND NOT DRUNKEN
1)It has to be proved in case of accident that the accident was the result of rash and negligent driving. Thus the prosecution has to be prove that the person who committed the accident was driving rashly and negligently and only then the offence is proved.in case victim dies police will file , the criminal case under Section 304 A of the Indian Penal Code which provides for offences relating to death due to negligence.
2)"The owner is liable if the act or wrongdoing ( driving rashly and running over someone) is under the consent or permission of the owner. Under civil and criminal law, the relationship between the car owner and driver is defined as 'master' and 'servant' and the master cannot be held liable for the wrongdoing of the servant, unless it is proved it was done under such consent or permission by the master.
3)legally, the onus is on the driver to rush the injured person to hospital for treatment. "The car owner may not be responsible directly, but he also has the moral responsibility to help in rushing the injured to the hospital if he's in the car or even other wise when he comes to know of the accident.
4)Where death or permanent disablement of any person has resulted from an accident arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicle shall, or as the case may be, the owners of the vehicles shall jointly and severally be liable to pay compensation in respect of such death or disablement
5)When the car is insured, the insurance company takes over the compensation liability.
Copied this answer for ur help @ajay sethi
2)"The owner is liable if the act or wrongdoing ( driving rashly and running over someone) is under the consent or permission of the owner. Under civil and criminal law, the relationship between the car owner and driver is defined as 'master' and 'servant' and the master cannot be held liable for the wrongdoing of the servant, unless it is proved it was done under such consent or permission by the master.
3)legally, the onus is on the driver to rush the injured person to hospital for treatment. "The car owner may not be responsible directly, but he also has the moral responsibility to help in rushing the injured to the hospital if he's in the car or even other wise when he comes to know of the accident.
4)Where death or permanent disablement of any person has resulted from an accident arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicle shall, or as the case may be, the owners of the vehicles shall jointly and severally be liable to pay compensation in respect of such death or disablement
5)When the car is insured, the insurance company takes over the compensation liability.
Copied this answer for ur help @ajay sethi
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Adv. Udit Chaudhary
Bijnor | 100+ Answers
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Driver can be arrested by police and vehicle can also be seized on police complaint also owner might have to pay for any damages if vehicle is not insured . Contact further for complete solution.
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Adv. Anurag Bhati
Greater Noida | 400+ Answers
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चिंता न करे अगर आपकी गाड़ी के सारे कागज वैध हैं और ड्राइवर का ड्राइविंग लाइसेंस सही है तो आपको कोर्ट से अपनी गाड़ी और ड्राइवर की जमानत करानी होगी। अगर चार्जशीट आपकी गाड़ी और ड्राइवर के खिलाफ़ लगी होगी तो।
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Adv. Vivek Shrivastava
Firozabad | 25+ Answers
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