Accident Death Case
Rajesh Khattar
(Querist) 16 February 2011
This query is : Resolved
My Nephew aged 17 years was driving Activa Scooter and met with an Swift Car which caused serious injuries.After struggling with Life , he died after Ten days in the Hospital. The Driver of Car didn't having the License but his Car was insured. Our Boy was having proper License and insured Scooter.
My Nephew was the only Son of my Brother. I want to ask, What maximum Punishment can Driver get in this case and how much we can claim.
Regards
Rajesh Khattar
Dayananda Gowda
(Expert) 17 February 2011
The accused will be punished as per section 304(A) I.P.C. Section 304(A) reads as follows
1[304A. Causing death by negligence.
Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.]
The compensation will be calculated on the basis of age, occupation and damages(death or injury) of deceased and court will grant the 6% interest on the award amount.
Dayananda Gowda
(Expert) 17 February 2011
The accused will be punished as per section 304(A) I.P.C. Section 304(A) reads as follows
1[304A. Causing death by negligence.
Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.]
The compensation will be calculated on the basis of age, occupation and damages(death or injury) of deceased and court will grant the 6% interest on the award amount.
vijayan
(Expert) 17 February 2011
Adding some thing to the view of Mr. Dayananda Gouda.
If negligence is from the part of car driver, police shall and can charge crime against him under sections 279, 304-A of IPC , and since he is not having driving license while driving, under sections 3 read with 181 of Motor Vehicle Act. Owner of the car also may liable to be prosecuted under section 180 of Motor vehicle Act since he allowed a person without driving license to drive his car.Punishment will be imposed by the magistrate according to the evidence and gravity of the crime.Normally, compensation will not get in this criminal case.
For getting compensation, file application before the Motor Accidents Claim Tribunal by making the driver, owner and the concerned insurance company as the respondents.
Rajesh Khattar
(Querist) 18 February 2011
Thanks to all Experts for their Responses.
I want to clear some more things.
The Driver was booked under IPC 279,338,427,304A, I want to clear what maximum punishment can court give to the Owner and Driver of the Car. Are above mentioned IPCs sufficient
Secondly the was studying in Eleventh Standard and he was the only son of my Brother. His everything was depended upon his son. How much compensation should we claim for this case .
Regards
Rajesh Khattar
