Accident u/s: 337 but person dead after 20 days of accident

Guest (Querist) 12 August 2015 This query is : Resolved
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adv. rajeev ( rajoo ) (Expert) 12 August 2015
Police will change the section, they can do so.
If you make a plead guilty you will have to pay the penalty
Policy has to file a FIR on both the vehicle driver because it is collusion between two vehicle, because both are two wheeler.

Rajendra K Goyal (Expert) 12 August 2015
The police would change the section.

Discuss with your lawyer who is well aware of case file and the facts.

malipeddi jaggarao (Expert) 12 August 2015
Try for a compromize. Engage a local lawyer and take his assistance as it is a serious matter and online advice will not be sufficient to bail you out.

Guest (Querist) 12 August 2015
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P. Venu (Expert) 12 August 2015
Were the drivers having a valid driving license and was your vehicles duly registered? Were you or the other person under influence of liquor? Was both the drivers wearing helmets?

Guest (Querist) 12 August 2015
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Guest (Querist) 12 August 2015
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Dr J C Vashista (Expert) 13 August 2015
You will have to contest your cases through a local lawyer.

SAINATH DEVALLA (Expert) 13 August 2015
Now it is left for the police to file FIR, and right now we cannot assess the ingredients of the FIR as the other person is dead.Better take the assistance of a local lawyer and proceed.

Guest (Querist) 14 August 2015
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M V Gupta (Expert) 16 August 2015
In my view Section 304A of IPC will not come into play as u were not drunk at the time of accident. It was mere accident. If there was no negligence on ur part and u were not driving rashly u may even be acquitted of any charge under Section 337. Sec 337 being bailable there should not be any difficulty in getting bail. In this connection u may be aware of the case of Cine Star Salman Khan. As regards damages/compensation, the deceased relatives may move the Motor vehicles Tribunal for relief in which they will have to implede the Insurance company, and any compensation ordered will be paid by the insurance company. Hence u should not worry. Engage a good Lawyer to defend u.

Guest (Querist) 16 August 2015
Gupta sir, thank you so much for your valuable time.

Guest (Querist) 16 August 2015
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T. Kalaiselvan, Advocate (Expert) 18 August 2015
Expert Mr. Gupta has explained well, nothing more to add.

M V Gupta (Expert) 18 August 2015
Dear Mr. Harsha, I appreciate ur concern for the deceased family's sorrow and loss of their dear one. You became instrument in the hands of the destiny of the deceased. As regards the defenses open to u one more ground can be that there was contributory negligence on the part of the deceased. But this defence should be taken very cautiously. Your Advocate will decide whether this defence should be taken or not.

malipeddi jaggarao (Expert) 23 August 2015
I appreciate the feelings of Mr.Harsha and excellent guidance from expert Shri M.V.Gupta.

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