How to handle IPC279 and 338
Amirtharajan
(Querist) 14 November 2010
This query is : Resolved
My son 21, unlicensed, was driving a cielo car we had bought through a broker just 2 days before (T.O. not done, but tax and insurance current) when a drunken fellow crossed the 4 way track from left to right on a motorcycle with a lady on the pillion. in spite of the effort to swerve, the cars right headlight hit the bike's tailside. i took them and admitted in a private hospital which was nearby. the man was treated as O.P and she has been on treatment in ICU and later in IMCU for 2 weeks with rib fracture and congestion in lungs. My boy was booked under 279 and 338 and was let to go on own bail. FIR did not record that he motorcyclist was drunk. the RC book in the old owners name has been seized by MV inspector when the car went to him for inspection. the owner is not traceable now in the old address.
i)should we go for anticipatory bail fearing that if the girl might succumb and sec 304 may be included ?
ii)what to do about unlicensed driving?
iii)how about the nonavailability of the owner? what to do ?
iv)can i inform the insurance co. on behalf of the owner about the accident?
v)how to get back the RC book?
vi)though the inspector said u can go on your own bail he didn't record it in writing nor did he ask for any document for bail
vii)can i arrange to mend the car which has dented right mudguard and broken headlight and broken windscreen ?
i have already engaged a lawyer who told us to wait till summons come.
KINDLY ADVISE
Devajyoti Barman
(Expert) 14 November 2010
i) No need till section 304 is added.
ii,iii)Its the job of the police and not yours.
iv)yes but the claim may not be allowed.
vi) No ask for the receipt of the personal bond.
vii)yes
bhupender sharma
(Expert) 14 November 2010
1. the offence is balable one hence no need.
2. They may add the setion of the motor vehicle Act for not having no license.
3.it is the duty of police they will issue the notice to the owner of the vehicle under section 130 of the M.V.Act.
4.if the vehicle is insured there is no need for in formation to the company rather the police will do the necessary things.
5.u may move the appropriate application in this respect in case after filing the chargesheet,if, it is not allowed the police will issue a copy of the seizure memo that the R/C is impounded.
6.it is the discretion of the investigating officer.
7.After mehnical inspection of the vehicle u may file the appropriate application in the competent court for release the vehicle on superdari.
since the registered owner is not traceable there may be difficulty in releasing the vehicle on superdari.
s.subramanian
(Expert) 15 November 2010
I agree with Mr.Bhupender.
Guest
(Expert) 15 November 2010
agree
Kumar Krishan Agarwal Advocate
(Expert) 15 November 2010
1. It is better to compromise at the initial stage with the injured party thru money aid, otherwise you entangle with the lot of problems which will come one after another and at last you have to pay for injuries, medical expenses and also get punishment imposed on your son.
2. May be charges of theft will impose as no person will take the responsibility from your side of giving the car to you in what way and for what ?
Amirtharajan
(Querist) 16 November 2010
shri Bupendarji,
The Inspector re;leased the car after filing FIR and we have brought it back to our town. but i am hesitant to repair since the case is not yet taken up and insurance co. has not been informed .
Shri Kumar
i spent about 7000 rupees immediately after admitting the injured but later police officers and the advocate strictly told me not to help them with money. but i wd still like to pay at least 25 thousand since they r poor and the hospital expenses have already crossed 75 k.
Amirtharajan
(Querist) 16 November 2010
Shri Devajyothi
The inspector didnt collect any personal bond. he simply told the Sub Inspector "u can show that he was arrested and let on own bail". That's all. They told us to go back. Is that ok ? or should we insist on executing personal bond?
Amirtharajan
(Querist) 16 November 2010
Shri Kumarji,
I got an acknowledgment from the man from whom i got the car. he seems to have been keeping the car without changing the ownership. i got witness signature also. but every thing in white paper only.would that be ok to prevent or fight theft accusation ?
