Case of an accident

Querist : Anonymous (Querist) 18 July 2023 This query is : Resolved
Hello,
Recently I saw a accident in which a tractor with trolley (without insurance) face and accident because a bike rider with his father came wrong side and collided with front wheel of tractor in which rider got fracture under knee and his father got died due to blood loss. There were no witness. They called ambulance and police too. Bike owner did accept his fault of coming wrong side. Tractor and trolley was in taken under police custody and bike too . Tractor driver was arrested by police.
Now my query is what will be the charges(sec 304A) on tractor driver? when he would get bail? And further procedure to save tractor driver as defence.

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K Rajasekharan (Expert) 18 July 2023
What comes out from the description in the query is that the charge would be 304A.

It is a billable offence for which bail can be obtained from the police station itself. The case may end up in fine alone or with imprisonment for minimal days, if there is no lapse on his part.

But regarding compensation, since the tractor has no insurance, the insurance amount to be granted by the MACT will have to be met by the driver / owner.

Depending on the percentage of the contributory negligence, the MACT can allow proportionate reduction in percentage of compensation to the legal representatives.

T. Kalaiselvan, Advocate (Expert) 19 July 2023
The driver can come out on bail in this accidental case because it is bailable offence.
The victim's LRs can claim insurance compensation

Querist : Anonymous (Querist) 19 July 2023
Thank you so much for your response .

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