Accidental Death
Rajesh Khattar
(Querist) 15 June 2011
This query is : Resolved
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 on 23rd Jan. and he died. Police imposed another IPC 304A.
At present we have filed case aginst Insurance Company and Owner of the Vehicle. And still we have not received any summon from the court for identification of Driver.
On 8th June 2011,Court given the next hearing date 15 July 2012 to Driver and Owner of the Vehicle for the Death due to negligence.
Sir, Can we file counter case against the Driver and Owner of the Vehicle for the punishment for killing our boy, as Court has given unexpected hearing date.
Please guide us .
Regards
Rajesh Khattar
PALNITKAR V.V.
(Expert) 15 June 2011
in fact you need not file any other case because police has already filed for 304A. What you have to do is to coordinate with the prosecutor in charge, convince your problems and get early hearing. Normally the prosecutors are in a position to get early hearing.
Sarvesh Kumar Sharma Advocate
(Expert) 16 June 2011
rajesh jee,
as you write "whereas the Driver of the Car didn’t have the License "
mean you hv trace the driver..........
oh there is some confusion in yr query,
when u ragister the case the police arrest the accused?
seazed the car?
take your/ complinent's statement..........
these some queries also dosclose then better solution can came!
Rajesh Khattar
(Querist) 17 June 2011
Dear Mr. Sarvesh K Sharma,
Thanks for considering my query.
As you have some confusion regarding my query. I clearify the doubts.
Police had arrested the Driver and imposed IPC 279, 338 and 427 at that time.
But he was released on bail after one day arrest.
After the death of my Nephew, Police imposed another IPC 304A.
Regards
Rajesh Khattar
