Muthukaruppan SV (software engineer) 08 May 2012

Old drunken man died in car accident. please help me

hello sir my name is muthu 26years old from chennai,tamilnadu. Last year nov 20th while come from my native I hit a old drunken man on my car in nh45 bypass. suddenly police and ambulance came and taken them to hospital in 10min. After that he died on nov 30th in govt hospital like that they mentioned in court summon. Actually fault is not from my side he jumped over the steel bars in the service road to bypass and crossed my car suddenly. due to drunken he slipped and fell down on my car side mirror and front glass from centre median. my car tyre and bonnet not even touched him. At that time of incident I mainted only 60 to 80kmph speed, my wife and 6 month old kid also in the car.tried my best to stop by apply sudden brake. on next day i showed all the original documets and given the copy to the inspector. brake inspecter also examined and certified my car. I recoverd the car next day itself. the opposite parties given the petition like rash and negligent driving. At the time of incident govt ambulance took the accident photo live in the spot, next day i took the photo of my car for a proof. yesterday i received the court summon like i need to be in court on 16th of august 10am. In that summon postmortem report they also clearly mentioned like injury in back head and elbow. 1.Now my question is what is the next procedure i need to do? 2.how to relive from the case without going to court? 3.Insurance company will take care the entire hearings? 4.In postmotrem report they have not mentioned he is drunken is it disadvantage for me? 5.filed case under IPC 279,337 and 304A. Please help me.My family members are very much afraid. Please suggest a good solution.

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3 Replies

Guest (Guest) 08 May 2012

Dear Querist,

You would have to prove that you were not driving rashly and negligently, and it was the negligence of the deceased which resulted in the accident and his subsequent death. Any conviction under Section 304A can be mounted only if the prosecution succeeds in proving that the driver was driving the vehicle in a manner that was rash and negligent.

As regards the claim for compensation, you may plead the contributory negligence of the deceased which would mitigate the quantum of compensation. If the car was insured the insurance company would be liable to pay the same.

Attend the court on the next hearing with a lawyer who has good experience in handling motor accident cases.

Saurabh..V (Law Consultant) 09 May 2012

@Author

In your case there are two VERY IMPORTANT points:

- The deceased was drunk

- You wer driving with your 6 month old kid.

If the Post-mortem report prepared by the doctor does not show that the deceased was drunk then it would be against you.

Also even if you are driving @100Kmph then also its not Rash & Negligent only by the speed. There are many factors which are related with S.304A.

You would have to be brave and patient till this case is disposed-off by the court. You have not mentioed anywhere about your bail. Have you been granted bail by the court or police?

Please note that every evidence like the deceasaed directly hitting your windscreen, he was drunk, you wer driving with your 6month old kid, your car's photo at the place of accident etc., all would be very important during trial.

//peace

/Saurabh..V