vijaya kumar (individual) 27 July 2013

Hit and run accident case u/s ipc 279,337 and imv 134a&b,187

Dear Sir,

My wife(30 years), mother in law(60years) and son(9months) were coming by auto and was hit by a bike who was overspeeding in in the wrong direction to overtake another vehicle and hit the auto, the auto flipped down and my mother in law and son had severe injuries, the bike guy ran away and is obsconding now. I went to the spot and saw the auto fellow only standing there and could collect the bike number and went to hospital to take care of my people. My mother in law had injury on the head, her is fractured and she is bedridden now and she is asked to be on bed for 6 to 8 weeks. On top of this few of the know people of the bike rider have come to threaten us and were using some abusing language for not getting compromised at the hospital.

Police has filed a FIR u/s IPC 279,337 and IMV 134 A & B, 187, we have already spent around 15K for this treatment, please suggest on how to proceed. I heard from the local police that there will no big punishment other than a fine of around Rs.500 to the bike rider. Should we have a lawyer to fight for us to make sure he is punished more and also for the expenses what we have incured? When one old lady and one small kid are hurt and when it was bleeding, the bike rider ran away which is in-human and cruel mentality. Is there any law which can enforce more punishment to the bike rider? Should we fight in the court by spending more money to punish him and claim our medical expenses?

Regards,

Vijay

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5 Replies

Suri.Sravan Kumar (senior) 28 July 2013

You can file case U/S 166 of Motor Vehicle Act and claim compensation from the owner of the bike as well as insurance company. Crimnal case is for the offence he has committed. compensation is for the injury suffered by your mother-in-law. You need the bike owner address, insurance policy, FIR, Chargesheet medical certificate, bills etc .

If u leave in Hyderabad pl contact me through my email ID.

Advocate Ravinder (Advocate/Attorney) 29 July 2013

Follow shravan Kumar advice and do not get scared of the threatenings of the rowdy people. Once the FIR is filed nobody will come to you. If the accused attempts to manage the police, immediately contract commissioner of police/SP.

vijaya kumar (individual) 31 July 2013

Dear Ravinder/Shravan,

I am based out of bangalore near to hebbal. Current situation is that hey have filed the FIR and we have requested police for furhter action, they are saying that they will make a charge sheet and then intimate us. They are not responding on when they would take action on the guy, kindly suggest on what grounds i can reach SP/Commissioner and how can I initiate a complaint on this.

Though the injury is sever(Leg/ fracture) they have filed sec 337 inspite of 338, will police add 338 in chargesheet if not is there any possibility that we can fight and get the bike rider punished to the maximum extent.

Regards,

Vijay.

Suri.Sravan Kumar (senior) 31 July 2013

After conducting investigation and after getting Medical certificate from Treated Doctor the Police will file chargesheet. Dont worry based on the medical certificate police will alter the section of law from 337 to 338 IPC. Since there is no limitation to file claim petition under M.V.Act you can file the petition after getting all the papers.

If you are particular about compensation you can file the petition before MACT and you can file the documents at the time of trial.

Suri.Sravan Kumar (senior) 31 July 2013

If you are particular about compensation you can file the petition before MACT and you can file the documents i.e chargesheet, disability certificate, medical bills etc at the time of trial.