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Injury resulting in death after a year and a half of the accident
23-May-2023 (In Motor Accident Law)
The police only took action after we complained After a year and half we lost our mother recently All her injuries were due to an accident where a bike hit her on an empty road..she suffered a head injury which healed but the pain in her leg could not be cured ..she was hospitalized several times ..but she never recovered..the trauma caused her and our entire family a lot of pain...and suffering Her accident occurred on the 3rd of oct 2015. What legal action can be taken now..
)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.
However, you will have to file an application for condonation of delay along with the complaint.
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.
However, you will have to file an application for condonation of delay along with the complaint.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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