mact
arun sharma
(Querist) 07 May 2011
This query is : Resolved
i had hired a driver to take my wife to her office in delhi as she is suffering from high sugar and back problem. i reside in ghaziabad U P. on the second day,i.e.on 5th of may, while coming back from office, a high speed mobike struck the car in the front right wheelin U P. impact was so hard that the axle of the car like indica was broken. the boy riding the bike suffered multiple fracture in left leg and was taken to a hospital in delhi. my driver ran away from the site. unfortunately the insuarance of the car has also expired. what will be the action and what should i do. still no report has been filed as the boy is in hospital.my car and mobike are in police custody.
M/s. Y-not legal services
(Expert) 07 May 2011
Here no offence commit by you sir.. So just leave your worry.. Whatever may be.. Your car driver will be ranked as a first accused in the f.i.r and the owner of the car will be second accused.. Then thats the bailable sections only.. So just surrender before the concern judicial magistrate.. And get bail order.. After that you can file a petition for return of the property. I mean for taken your car from the police custody..
M/s. Y-not legal services
(Expert) 07 May 2011
Then don't worry about that bike man. He is entitled to file a motor accident's claim from concern insurance company. There also the car driver and the owner will be stand as a formal respondents..
Guest
(Expert) 08 May 2011
Situations of the vehicles on road, who was on the main road, who was entering from side road/lane and several other factors can be the deciding factors for the case, which the police must have noted in their investigation.
If your vehicle was not correctly positioned, since your vehicle was driven by a casually hired driver (not regularly employed), the fault may lie on you as the owner of the vehicle. If the bike rider was at fault then you may not worry about that. But pray God the injury of the bike driver should not become a fatal injury. Must take care of the injured person ethically and financially also, that may help you win the sympathy of the other party in the case. Sometimes, such type of financial loss helps in avoiding unexpected huge financial loss and mental tension.
You must however name the driver in the FIR for your own safety.
