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Preeti   23 October 2017

Accident case

Hello, My father has been expired in accident case by motorcycle. The boy who hit my father was run after accident occurred & he left his bike. The boy is now on bail..plz advise us what to do


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 5 Replies


(Guest)

Were there any witnesses who saw this hit and run incident happen? Its important thats why!

As the boy fled after mowing down your father, it automatically becomes a non-bailable offense. He cannot be freed on bail as there is possibility of influencing any witnesses/chance witnesses who may have been present at time of incidence.

File an application u/Section 482 Cr PC against him, Even if he is a minor, he can still be tried as an adult as the circumstances in this case (i.e. fleeing after occurence of H & R incident ) clearly show that he was aware of the consequences of his actions. If challenged, you can always argue that by his fleeing scene of occurance, he clearly knew that what he did was wrong.

For any further queries, you can contact at: basu_kunal@hotmail.com

Regards

Advocate Kaybee

 

Preeti   25 October 2017

Sir,

Yes my uncle is with my father that time,he also requested the boy to took my father to the hospital but he ran.


(Guest)

 file an application before Section 439(2) crpc to the High Court/Sessions Court for cancellation of bail. Under this provision the Court can cancel the boy's bail as there is a possibility of him tampering with justice/any potential witnesses.

Jaspal singh (practicing lawyer)     25 October 2017

what you exactly wants ?

put the person behind the bars or want a claim from MACT (MOTOR ACCIDENTAL CLAIMS TRIBUNAL) or both ?

If the boy was minor and was driving the vehicle without valid license than owner of the vehicle can also be prosecute along with minor accused , here we need to understand some other things too so that i can give my best advice.

Feel free to call for any query. Like date of incident , What sections has been made by the police , Age of your father , whether the vehicle was insured or not ...

Regards

Jaspal S Maini(Adv)

9999987283

Preeti   29 November 2017

R?Sir,

Thnkew so much for your response..we want both. The boy was not a minor & bike in which he hit my father has expired insurance. 


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