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Hemanth Karamthot   11 April 2020

motor cycle accident

In March, 2020, while going from place A to B on a motor cycle with my friend (I was the rider), I met with an accident on a National Highway with another motor cyclist. We both are saved thanks to helmets. But the other person has succumbed to injuries because he has sustained head injuries owing to not wearing a helmet. That person has come in my lane without any indication and I did everything what a prudent man would do to prevent the mishap. But it was inevitable.

The motor cycle I was riding was my friends'. It has all valid documents such as Third Party Insurance, Pollution Certificate and Registration Certificate (RC). I also have a valid Driving License (DL).

We also sustained injuries. I was not in a position to move on my own and so was my friend and we both were bleeding. Owing to that, we couldn't wait till the police arrive there. We both were taken to the nearest government hospital. Before leaving, I made sure that an ambulance was called for the injured person (later he succumbed). I had the government hospital staff inform the police about the accident. The police had all my details including my phone number.

Three days after the accident, I called the police station and inquired about the well-being of the other person. Then I came to know that the person has succumbed to head injury. I was asked to come to the station. Upon going there, I came to know that they have filed an FIR against me under sections IPC 279, 337 and 304A. I was given the station bail on the same day.

My questions are as follow:

1). Recently I have been selected for a central government job in the inspector cadre. The Police Verification Report (PVR) is yet to be done. Before PVR takes place, I will be asked by the recruiting authority (in this case some department in the Finance Ministry) to disclose if there is any FIR against me. Upon selecting "yes" for the aforementioned question, will it be a reason for them to stall the my recruiting procedure? I have done some research on this question in the internet. I have got conflicting answers. Most of them saying that it won't affect my government job prospects as the charges under IPC Sections 279, 337 and 304A don't attract "Moral Turpitude or Moral Depravity". I would appreciate if any learned person throws light on the same with any degree of certitude.

2). Is there any way that I can settle this case outside the court? I heard this is a non-compoundable case and hence it cannot be. But if there is any chance that it can be settled outside the court, please let me know.

3). Is the testimony of the pillion is valid if it is in my favour as I am the accused one here. If yes, how much weightage is given for the same.

4). Since the accident occured on a National Highway that too at a desolate place, in my opinion, there was no eye-witness who actually saw the unfortunate accident. Everyone gathered after the accident took place. In such cases, what does the police generally do? Will they try to plant some eyewitnesses? If they do it, what should I do?

5). Chargesheet isn't prepared so far. Is there anything I can do now? I sincerely believe that I was not at fault. But since the case in the court will be dragged for years, or months, it will deprive me of my mental peace. I will have to live under constant fear what if some planted witness comes and testifies against me saying that I was the one who was at fault? What can I do about this?

6). I couldn't contact a good lawyer till now, thanks to the pandemic. What kind of a lawyer should I consult? Are there separate lawyers who deal with Motor Accident cases. Is it better if I consult a High Court Lawyer. The case will be heard in a district court I think. Is it better if I consult a retired judge?

7). On the face of it, it looks like he doesn't have any valid documents such as a DL. Does the deceased person not having a valid DL helps my case in any way? Does the deceased not wearing a helmet amounts to contributory negligence on his part?

Thanks in advance


Learning

 12 Replies

Palak Singh   11 April 2020

Hey,

To answer your question one by one, we need to understand that there are two separate statutes with deals with such offences. Indian Penal Code, 1860 enumerates offences such rash driving u/s 279. Along with these you have been charged with culpable homicide not amounting to murder and causing hurt by act endangering life of personal safety of other. The other statute is the Motor Vehicles Act.

Now to answer your question:

  1. Usually for minor and non-life-threatening offences one could say that FIR wont be a huge factor. But your charges are such as culpable homicide not amounting to murder and we need to keep in mind that you are applying for the job of an inspector. Even though these don’t attract "Moral Turpitude or Moral Depravity", they are still pretty serious charges. In 2011 in the case of State of west Bengal & Ors v. Nazural Islam the supreme court has held that a person facing criminal cases cannot be considered suitable for appointment in government service unless acquitted of the charges.
  2. Criminal cases cannot be settled outside the court. And the charges are non-compoundable because of which they cannot be settled, they can only be quashed. Although, under the Motor Vehicles Act compensation can be provided to the family in the event of death, disability or any injury due to motor vehicle accident. Thus, the trial has to take place if the police goes forward and can’t be settled outside court, but compensation can always be given.
  3. Yes, such testimony could be taken into consideration.
  4. That is very subjective and happens more in movies and shows than in real life. You should have faith in the police.
  5. Again, as stated above, planting of witness is very rare. As far as case going on for a long time is considered, that is something for which nothing can really be done. All the cases in India take a lot of time to reach its judgement due to backlog of crores of cases. Hence Lok Adalat and Motor Accidents Claim Tribunal are there.
  6. You can consult any lawyer dealing with specifically with motor accidents.
  7. Deceased not wearing helmet, not having driving license and as stated by you above that the victim had come to your lane without any indication, all these are essential as these help in building a case for you. These could be used by your lawyer. Also, the fact that you insured that the victim reached hospital reflects your good behavior. Court usually takes such things into consideration.

What I would suggest is that you contact a good lawyer at least via phone due to lockdown and once the lockdown is over and its safe to go outside, please consult him. Don’t worry and keep your calm. A good lawyer can surely guide you better.

Hope this helps!

Regards

Palak Singh

Hemanth Karamthot   11 April 2020

Sir, thank you so much for taking out your valuable time and replying to my query.

So, I will be given the call letter only after I am acquitted?? For example, if it takes 5 years to reach to a conclusion, I have to wait for 5 years without working in the government sector??

Is it possible to get the FIR quashed by the High Court??

Hemanth Karamthot   11 April 2020

Sir,
I have a few questions.
1). Section 304A says "NOT amounting to culpable homicide". Since it doesn't attract culpable homicide, will it be a problem for the job?
2). Is there anything I can do to expedite the process?? Or I have to just wait for a court hearing?
3). On an average, how many hearings, months, years, do these kind of cases take to reach to a final verdict??
4). Sir, you mentioned that in 2011, the honorable Supreme Court, in the case of State of West Bengal & Ors Vs Nazural Islam, held that "a person has to be acquitted to be qualified for appointment in government services". But doesn't our criminal justice system say "a person (be it accused or not) is innocent until it is proven otherwise" right? I don't have the enough knowledge or the acumen to question the judgment of the Honorable Supreme Court. But if SC says that "a person who is ACCUSED isn't eligible for government job", it sounds bizzare and incoherent. Are you sure accused also not eligible for the job until he is acquitted or its convicted who is not eligible?

Palak Singh   11 April 2020

Hello, 

Sir, firstly 304A talks about death by negligence while 304 talks about culpable homicide not amounting murder. Apologies for the confusion. secondly, I can just suggest you to consult a lawyer as he would guide you better. What might or might not come on your record after police verification is subjective and depends completely on the police. 

To answer your second question, Court does not work on anyone's whims and fancies. Hence, youll have to follow whatever is happening.

To answer your last question sir, I am not in the Supreme Court yet and hence I dont think I am fit to answer such questions. We can crticise the judgement endlessly but this is what the judgement stands as of now. It might or might not be discriminatory but I suggest that you go through the judgement fully and try to understand the Court's standing and point of view. 

But after all this, I recommend that you please please consult a lawyer without any delay. They would answer your questions better.

Regards

Ms. Palak Singh

P. Venu (Advocate)     12 April 2020

This query is repeated. Why?

Hemanth Karamthot   12 April 2020

It's not exactly a repeated query. Last time i didn't know the sections under which I am booked and didn't know the health status of the other person and some other details. Thanks

P. Venu (Advocate)     12 April 2020

Section 279 and 337 are routine. However, Section 304A is unusual in a road accident:

304A. Causing death by negligence.—Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either descripttion for a term which may extend to two years, or with fine,  or with both.

However, the allegation do not suggest an action involving moral turptitude. As such, it is unlikely that you would be debarred from employed because of the pending court case. In this context, the decision of the Apex Court in State of West Bengal vs. Nazrul Islam had been in a case where the offences alleged involved moral turptitude. It is the settled legal position that conviction in a petty offence or a traffic case need not disentitle a person of public employment.

However, it is absolutely necessary that you must make a full and honest declaration of the information, as sought, in the attestation form.

It appears that the matter is still under investigation. Once the chargesheet is filed and summons have been served, you can take appropriate decision depending upon the based on the charge report.

In my understnading, there is no need to be worried or to rush to any hasty action.

 

Hemanth Karamthot   12 April 2020

Sir, thanks for the reply. I think section 304A is charged against me because the other person has died.

Thanks for clarifying my doubt regarding public employment. It gave me confidence now. It means a lot to me in this untoward situation.

Onkar Mitra (Om)   14 April 2020

I would like to know all the rules of the sourcing motor vehicle section? say section Numbers...
1 Like

Dr J C Vashista (Advocate)     15 April 2020

What are the facts of the dispute ?

 

Hemanth Karamthot   15 April 2020

Sections are IPC 279, 304A and 337

Hemanth Karamthot   15 April 2020

Dr Vashsita, what do you mean by facts of the dispute? You mean to ask me how the accident occurred??

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