Accident
kyrill
(Querist) 03 December 2011
This query is : Resolved
A neighbour of mine 17 years old with valid without gear licence had an accident. After 10-20 miniutes his relatives arrived and took him to the hospital leaving behind the scooty on spot. After 2-3 hours when they went to the police station they came to know that a Hit and Run case has been filed against the boy and the officer in charge did not listen to any thing nor noted down their complaint.
He had to get a bail. Is this justified . What impression does he get of the Police and law and order.
R.Ramachandran
(Expert) 04 December 2011
Dear Kyrill,
One person ought to have been available on the spot of the accident to answer the queries that may be posed by the police who will arrive shortly, while others ought to have taken the injured person to the hospital.
In your case, it seems that except the vehicle, no one was there to answer the police. Therefore the Police are right in their approach.
What impression any one gets about the police cannot be a reason for the police not to act according to the rules and procedure.
Guest
(Expert) 04 December 2011
Dear Kyrill,
Your question does not give clear indication whether the 17 year old boy, who was driving scooty, himself was injured in the accident or some one else was hit by him and made him injured?
Further, whose relatives arived to take whom to hospital, boy's relatives took the boy or the other injured person to hospital or injurwed person's relatives took that injured person to hospital?
M/s. Y-not legal services
(Expert) 04 December 2011
the 17 years old boy met accident with whom? his scooty hit or hit by whom? who is the complainant in your case.,
Shonee Kapoor
(Expert) 05 December 2011
Also,
How can 17 year old obtain a licence?
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Guest
(Expert) 05 December 2011
Mr. Shonee's point is also valid.
Sailesh Kumar Shah
(Expert) 05 December 2011
Shri PS Dhinra Sir/Mr.Shonee
The eligibility for obtaining a Learner's Licence for a private motor vehicle for a vehicle of 50 CC engine capacity and without any gear, is 16 years (if the applicant's parents or guardians give their consent). The minimum age to apply for a permanent licence to drive a private motor vehicle is 18 years.
prabhakar singh
(Expert) 05 December 2011
@Mr. Shonee Kapoor!
A motor cycle with engine capacity not exceeding 50 cc may by driven in a public place by a person after attaining the age of sixteen year w.e.f. 14-11-1994.
@ kyrill
So if it was a collusion between two vehicles ,either side, and boy's holding a valid licence then you too need to lodge FIR alleging negligence on other party.Leave other things apart.
Else as guardian of minor might [i suppose surely as per rules]have given consent for grant of licence to minor which shall attract liability on minor's guardian,if insurance or licence is found improper.When both sides are injured.
Guest
(Expert) 05 December 2011
Dear Shailesh,
Thanks for updating me.
Advocate. Arunagiri
(Expert) 05 December 2011
I think the Scooty is a 100 cc bike. If am right, I am of the opinion the police had acted in accordance with law.
The boy has to face the criminal case not only for hit and run and also for driving the vehicle without license.
V R SHROFF
(Expert) 06 December 2011
Police action is desirable.
17 yrs boy had to defend himself.
In fact Police must take action, as lots of racing Two wheeler, driven by young boys, of age between 17-21, speeding with uncontrolled vehicle, with their *...*, and injuring innocent passers by & also killing themselves. Only parents repent. wearing ISI mark helmet, controlling speed, etc are need of time.
Sailesh Kumar Shah
(Expert) 07 December 2011
Mr. Tom
Rule is that "vehicle of 50 CC engine capacity and without any gear"
So, Arunagiri sir is presuming that it seems 100 cc and doesn't fall in above rule.
