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Kshiteej Anokar (Advocate)     16 March 2011

Accident Claim

Dear Friends, i have no experience of the motor accident claims and its procedure. But in January 2011 my friend alone was going on motorbike to a village from the opposite direction another motorbike was coming, both was in rash speed. My friend was going on his side while the other was driving in zigzag manner such as action hero. There was accident, in which my friend seriously injured which resulted in 40 % disability. But the other motorbike rider died on spot. My friend is charged for 279 and 304a. at the same time the dependents have filled accident claim. In P.M. Report i found that the deceased has consumed liquor. i want to defend my friend in the matter whether this p.m report could help me?



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 3 Replies

Kumar Doab (FIN)     16 March 2011

 

 

It is believed that your friend has obtained disability certificate from civil surgeon.

You have the PM report confirming deceased was under the influence of liquor while driving.

The pathologist must have indicated the degree of influence of liquor i.e. consumption was heavy and stage inebriated indicating not fit to drive.

You may inquire from the post mortem centre and they may guide you.If they have presrved the sample.

The experienced police personnel can also make some useful suggestions.

You may show the docs to your local lawyer having experience in MACT and criminal cases.

1 Like

(Guest)

Dear Friend

Your side is strong.

PM report support you.

Driving with Liquer is Breach of trust with Insurance policy. So insurance co. will reject the claim.

You have to do:

Collect Tecnical report of Bikes. its provide you to protect you. if all instruments were in well working condition.

Is any independent witness of case or eye witness.


if needs any type of legal advice just furnish documents copy.

Good luck for your career.

1 Like

lingraj maradi (advocate)     18 March 2011

hello sir

you have storng case if the deceased was drunk and drive then your friend easyly your friend acquitted u/s 304A

one more important thing is PM report on the basis of that your friend having no problem

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