Payment of money to deceased family even though served life imprisonment

SANJAI KUMAR SINGH (Querist) 11 December 2011 This query is : Resolved
I was imprisoned for Life by a Sessions Court under Sec302 of the IPC. This was subsequently reduced to 7years by the High Court under Sec304A,and I was released from jail on completion of Sentence. Subsequently I was asked to pay Compensation of 5 Lacs to the Deceased’s family by another Court under the Fatal Accidents Act. Does this not amount to a case of ‘Double Jeopardy’ (Art20 cl3 of the constitution of India) in that I am being punished twice for the same offence ? Am I duty bound to pay this amount of Rs % Lacs to the affected Family? Please advise.

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Raj Kumar Makkad (Expert) 11 December 2011
As both the Acts are separate and its consequences are also separate so you are liable to face the consequences accordingly.

Sailesh Kumar Shah (Expert) 11 December 2011
There is no case of Double Jeopardy since both acts are separate in nature.

Guest (Expert) 12 December 2011
Right opinion by experts.

M V Gupta (Expert) 13 December 2011
I agree with the views of the experts. The causes of action are different. You served the jail sentence under the IPC for a criminal offence. The damages have been awarded to the victim's famiy under the Fatal Accidents Act. If the cause of death is rash and negligent driving then the Insurabnce company will pay.

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