Motor accident
hilal
(Querist) 16 November 2011
This query is : Resolved
I was traveling from salem to coimbatore in my car in NH544. Around 7:30 when i was near Nassiyanur, suddenly a scooter crossed the NH 544 without taking proper attention. She was injured and taken to hospital. Police came and case was filed against me under section IPC 279-379. After 15 days of the accident, she died. Now the first hearing is about to start. Can you please let me know how should i proceed for this case.
Some of my friends suggested me to accept the mistake in the court. Will it be a wise decision eventhough it was not my fault.
I would like to know what will be punishment for this case.
Thanks in advance.
Raj Kumar Makkad
(Expert) 16 November 2011
You need not worry. You should instead of accepting guilt should contest criminal case because legal heirs of deceased generally remain interested in procuring maximum compensation under Claim Petition and once it is awarded, they take least interest in criminal case so take benefit of this general tendency and otherwise also surrender is not a wise step.
mahendrakumar
(Expert) 17 November 2011
yes,there is no point in accepting the mistake if any at this point,as it was an accident and it has not happened due to any deliberate action on your part.
prabhakar singh
(Expert) 17 November 2011
The suggestion of pleading guilty by friends
is not a wiser one to be appreciated, hence you see, we all are negating that more specially when you were not negligent.As the death has taken place a confession may take your heads deeper in soup.
As demonstrated by makkad,it is true that in accidental cases MAC is given more importance by heirs for compensatory gains and their teeth for criminal cases looses the biting sharpness; then better check on aspects like you on fateful date of accident had a valid driving licence and also a valid insurance at least third party.
Rajeev Kumar
(Expert) 17 November 2011
I agree with mr.makkad and Prabhakar sir views
hilal
(Querist) 17 November 2011
Thanks very for your supports .
At time of accident i had valid driving licence and Third Party insurance was available for the car .Now the owner of the car also got a summons to appear in the court . Please let me know how to proceeed that case.
Thanks in andvace
Devajyoti Barman
(Expert) 18 November 2011
The owner would only depose, the case would go in the right direction.
mahendrakumar
(Expert) 19 November 2011
have informed the insurance company about the accident?
if not done,inform them.
Guest
(Expert) 23 November 2011
Agree with experts.
hilal
(Querist) 06 February 2012
Hi all ,
Now the case of trial is going to began . Now the FIR changed with IPC 304A,IPC 279-379
How case will proceed furthur . What will be common punishment for such case .
