ROHIT KUMAR 15 February 2023
anubhav Bhatt 16 February 2023
Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 16 February 2023
What is it that you want, punishment of the driver or compensation for the death of your father. Punishment is for the prosecution to follow. Compensation is from the owner of the vehicle and his insurer. You may take the advice of a lawyer specialised in such matters.
ROHIT KUMAR 16 February 2023
I want to punish the driver of the vechile what is the legal procedure for that.. He is already on bail
Sudhir Kumar, Advocate (Advocate) 16 February 2023
has the post morteum completed?
have police reeived PMR?
you are entitled for compensation and you can also appoint your lawyer to following criminal case.
ROHIT KUMAR 16 February 2023
Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 02 March 2023
In order to punish the driver, he must be charged with an offence in this case under the Motor Vehicles Act. Charges can also be under IPC. Generally the charge would be either rash and negligent driving causing grievous injury or rash and negligent driving causing death of a person. Under IPC the charge could be culpable homicide not amounting to murder. In order to chargesheet the driver there should be evidence that the death was due to injuries caused in the accident. The evidence could be the post-mortem report. Police can take action only if the postmortem points to death on account of injuries in the accident. In any episode resulting in the death of a person the State is the aggrieved party and not the relatives of the deceased person. Relatives can join the prosecution with the permission of the court. Did you have access to the post mortum report? What does it say about the cause of death? Sometimes the post mortum report will not support the cause of death as the accident. If you do not agree with the report, you will have to contest it. You can contest only if you act without delay. For the police this would be just another case and they will act in a routine manner.
Sudhir Kumar, Advocate (Advocate) 02 March 2023
in such like cases at times hospital staff and doctros delay the PMR in hope of bribe. They cannot withhold indefinitely.
Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 22 March 2023
You may be able to get the post-mortem report through RTI or a writ of mandamus to high court.
Pankaj (Student) 22 March 2023
In addition to what others have stated, The case comes under IPC is section 304A- causing death by negligence and is a bailable offence so the police is bound to give bail.
Sudhir Kumar, Advocate (Advocate) 23 March 2023
Use RTI to get the status of case and the copy of PMR if received by police alongwoth the efforts made by police if not received PMR.
You should also meet the SP.