Death of victim in accident
Shivam
(Querist) 14 November 2012
This query is : Resolved
Hello. I'd be grateful if someone could advice me here.
My father (Secretariat employee) bought a bike for some friend from the Govt. Canteen in 2002. The bike caused an accident in 2010, and the victim died. Here's the scenario :
1) My father passed away this year
2) We cannot determine whom he bought the bike for
3)The family of accused is planning on a court case.
What should be my approach here ? I know that my father did a silly mistake not getting the bike (and papers) transferred. But on the contrary, we're innocent.
Adv ramesh chheda
(Expert) 15 November 2012
hi
u have not said anything as about whether any case is registered till today against u r father in respect of this incident or no. if police case is registered and since u r father is died , no legal heirs can be held liable in criminal case when accused (u r father) has died.
if any case for compensation is filed than liability can come on legal heirs . But everything depands if u provide proper information in relation to u r querry.
Shivam
(Querist) 15 November 2012
We received a summon for compensation last week. That is when we came to know.
The accident took place 2 years back. But we came to know only last week, when we received the summon.
Raj Kumar Makkad
(Expert) 15 November 2012
You all need not to worry as the liability cannot be fastened upon the legal heirs of driver. The liability shall be upon registered owner duly mentioned in registration certificate or its insurer.
Raj Kumar Makkad
(Expert) 15 November 2012
BUT you shall have to defend the case on all these grounds by engaging a lawyer.
Arun Kumar Bhagat
(Expert) 15 November 2012
You appear in that case and submit death certificate's attested copy. If youare made party in this case later on then again post this question.
Shivam
(Querist) 15 November 2012
Thanks a lot for you expert advice ! That was quite a relief.
But, can they make the heir a party in the case ? As in, is the legal heir obliged to pay for the compensation, according to Indian law ?
