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Wife died in Motor Car Accident - how to get the accused punished
28-Nov-2023 (In Motor Accident Law)
Fast speed car hit my wife and mother who were riding on Honda pleasure, they just turned right from one inner road and car was coming on fast speed and trying to overtake from left which resulted in a crash and my wife who were driving Honda pleasure hit her forehead on car roof frame and fainted, after trying hard for 4-5 days she expired leaving behind daughter of 9 years and son of 2 years. After getting in senses, I checked that this news was not at all published in any local newspaper and even accused got bail on very first day and even car is with him which was involved in crash. Today, one month over, FIR was done, identification was done by my mother but still I m not getting satisfaction as everything is just going according to accused n police officials. I want that person to feel our pain, want him behind bars and even get compensation for my kids.
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.
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.
Helpful?
10+
10+
Adv. Siddhant Sharma
Delhi | 500+ Answers
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yes, you can file a protest petition i guess on it if you are not satisfied with the police report what they stated in the report and you can go to the High court for cancellation of bail
thanks
thanks
Helpful?
18+
18+
Adv. Puneet Sharma
Faridabad | 200+ Answers
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Criminal case can be persued with keen interest to get the culprit punished and case can be filed before the MACT for grant of compensation ..
Helpful?
25+
25+
Adv. Rajeev Kumar Gupta
Panchkula | 25+ Answers
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