Accidental and Negligence Death
Rajesh Khattar
(Querist) 25 February 2011
This query is : Resolved
Dear Sir,
I am presenting my case in detail.And this is my request to all the Expert please guide us.
My Nephew aged 17 years met with an accident with speeding Swift Car on 13th Jan. 2011 and that was the Head on Collision. My Nephew was on Activa Scooter ( with out Gear ) . He was seriously injured and admitted to Hospital. My Nephew was having proper License, whereas the Driver of the Car didn’t have the License but his car was insured. Police imposed IPC 279, 338 and 427 at that time.. My Nephew was put on Ventilator and after 5 days Ventilator removed and from 20th Jan he started recovering. But at that time he was on Liquid diet but on 23rd Jan. Hospital Staff ‘s negligence they gave him Solid food that struck into his wind pipe and he died. Hospital showed “ FAT AMBOLISM “ in Death summary. After our Protest , Police sent the Organ to PGI Rohtak and Madhuban for further Investigation and imposed another IPC 304A. The Post Mortem report is still awaited. Hospital did not provide us any Report ( i.e. CT Scans/Examination Report), Even Hospital Doctors don’t want to meet us to tell the reason of Death.
My Questions are :
1. Are these IPCs are sufficient.
2. Owner of the Car and Driver of the Car will be punished or not if so then for how many years.
3. What can we do against the Hospital for their negligence.
4. My Nephew was the only son of my Brother and his everything was dependent upon him. How much we can claim for this case.
I request to all the Experts to please guide us .
Regards
Rajesh Khattar
Faridabad
Ajay Bansal
(Expert) 25 February 2011
As per my view since death has been occured due to negligence of Hospitol's staff,so the driver of car is even not liable u/s 304 A.File a petion under M.V. act before M.A.C.T for futher relief.
Sarvesh Kumar Sharma Advocate
(Expert) 25 February 2011
2. Owner of the Car and Driver of the Car will be punished or not if so then for how many years.
very hard to prove rode side accident case!
be careful for all ingridents of evidences.
3. What can we do against the Hospital for their negligence.
????
4. My Nephew was the only son of my Brother and his everything was dependent upon him. How much we can claim for this case.
prove the dependency and velue.
Pankaj Rai
(Expert) 26 February 2011
Dear First of all please mention was your Nephew is married or Bachelor.After that I will you send my reply in detail
Rajesh Khattar
(Querist) 28 February 2011
Dear Mr. Pankaj Rai,
My Nephew was Bachelor and Class Eleventh Student.
Regards
Rajesh Khattar
