Accident
Rovi Singh
(Querist) 20 September 2015
This query is : Resolved
On 24-August-2015, my brother, whose age was 18, was going tuition in his scooty, but suddenly a big army truck, which was going Delhi, hit him very badly on his head by accident and as a result, his scooty slipped and he fell from it. My brother writhed in pain on road for ten minutes, but the driver did not help him at all, even as hospital was just 40 metres away. Because the driver was an army person, public did not beat him but they did scold him and told him to take my brother to hospital which he instantly refused to do so by giving excuse that his truck is loaded. When my brother was writhing in pain on road, the driver, instead of helping, was busy in making phone calls to his army unit for the protection of his loaded truck. After writhing in pain on road for ten minutes, two boys took my brother to hospital where he was pronounced death. The police booked him under section 304(A) of IPC.
Can the driver be punished for not helping my brother when he was writhing in pain on road after the accident that happened accidentally? If yes, what section would be imposed on him?
Advocate/CS Sanjeev Kataria
(Expert) 22 September 2015
The driver can be prosecuted by civil as well as army authorities by way of court martial. Army has the jurisdiction to try army person for all the offence except rape, murder and culpable homicide. mind it the army person can be put to court martial in the aforesaid offence if the victim is a army person or relative of army person. it may be that you will receive call from army for witnessing if the driver is put to court martial.
Sudhir Kumar, Advocate
(Expert) 23 September 2015
I will partially disagree with Mr Kataria.
The court martial can happen regardless of the victim being Army person or relation of one Army person.
Further court martial can ha[en on the offenses which are offenses under Army Act as well. This is one such case.
In case Army abstains from court martial then proceedings under IPC are on cards.
Advocate/CS Sanjeev Kataria
(Expert) 23 September 2015
with due respect to sudhir sir, i once again submit that the army persons falls under two jurisdiction, one is of army and another one of civil authorities. section 69,70, 125 and 126 Army act and section 475 Cr PC deal with the issue. in the present case, driver can be tried by civil as well as army authorities. court martial can be not only for army offences but for other offences mentioned in IPC also.
Guest
(Expert) 23 September 2015
Dear Rovi Singh,
I don't know how far your problem is real, as I am unable to reconcile with your statement that an army truck had hit your brother VERY BADLY on his head by accident. Contrarily, the army does not allow its drivers to ply its trucks with such a speed to hit any person even a bit hard. Speed controllers are always there in almost all the vehicles of the army.
Moreover, I wonder to know, instead of discussing about the case to have already been made under which relevant sectins of the MV Act or else, you have preferred to ask quite an odd question, "Can the driver be punished for not helping my brother," which indicates as if you are bothered merely to solve your academic exercise, rather than the real problem.
The question arises, even if your query is replied in yes or no about driver to be punished or not, in what manner you are likely to use that information, while you are neither an investigating police officer, nor the judge of the case, if under trial.
Rovi Singh
(Querist) 29 September 2015
PS Dhingra: "The army does not allow its
drivers to ply its trucks with such
a speed to hit any person even a
bit hard"... okay Mr Dhingra, whenever an army truck is going, please stand before it....
If the army truck did not hit him, how did he get hemorrhage? According to autopsy report, hemorrhage is the cause of his death.
Guest
(Expert) 29 September 2015
Mr. Rovi Singh,
Do you mean to say that your brother with scooty before the army truck.
Was there any reason for not replying to my query, "instead of discussing about the case to have already been made under which relevant sectins of the MV Act or else, you have preferred to ask quite an odd question, "Can the driver be punished for not helping my brother,"
So, your scornful response clearly reveals the artificiality of the problem and you wanted to find solution to your academic query only not about the legal imlications of law on motor accident. Moreover, you have asked the question on punishment of driver for not taking him to the hospital, as if you are the judge of the case, not the complainant.
Rovi Singh
(Querist) 30 September 2015
If the problem, as per you, is not genuine for you, please do not reply.
Sudhir Kumar, Advocate
(Expert) 19 November 2015
I am also not able to agree that "The army does not allow its drivers to ply its trucks with such a speed to hit any person even a bit hard"
A lot many MACT cases are decided against Army.
