PROF MD AATIF ROYALI (PROFESSOR) 06 June 2013

Motor cycle accident

My son aged 18 years was riding Bajaj Platina Motor Cycle near our house on 1st June 4 p.m. Another person was also riding Motor Cycle in the same direction along with his sick mother aged 75 years for her hospital treatment, as she is suffering from cardiac disease High BP Diabetes. In 2011 she had angioplasty also. That person has to take right turn to reach hospital, but he did not show right hand or right turn indicator. My son thought he is going straight he tried to overtake him from right side, suddenly on the junction of road that person turned his vehicle on right side and collided his motor cycle with my sons motorcycle in right angle that is his motor cycle dashed my sons motor cycle on the middle part of our motor cycle. My son felt on his right side and injuries on right ankle, foot. No major injury. That person also felt on his right side and had bruises on right leg. Her sick mother also felt on her back and had injury on back side of her head, which resulted that she went unconscious and had blood clot in her head , she was operated on Monday 3rd June for removal of blood clot. Her condition is serious. My son sat at the site of accident after accident saying it is not his fault. After ten minutes her relatives arrived beaten my son & took forcibly to hospital. We paid about Rs.10000/- as there hospital expenditure on first day. Then they registered Police compliant. Police framed charge sheet against my son under section 279 & 338 of IPC AND section 184 of MV act. They have not taken our complaint and said they only take complaint of person who is serious and admitted in hospital. On 4th June2013 they took my son for medical examination in Civil Hospital then they produced him before criminal court. We got bail on depositing Rs.5000/-. I want to know when my son is not guilty why he is only charge sheeted? Now police is telling if that lady dies they will further add crime under section 304 of IPC. We have comprehensive insurance of vehicle. What will be the outcome? What to do?

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2 Replies

adv. rajeev ( rajoo ) (practicing advocate) 06 June 2013

Had you given complaint in writing? If police are not entertaining your complaint, he has to file private complaint against the rider in the criinal court. If pillion rider dies, it doesn't make any difference, Your son is already on bail, he will get the bail for 304. Your vehicle is insured or not. If insured then be relaxed. Think about acquittal of your son in the criminal case.

dr g balakrishnan (advocate/counsel supreme court) 06 June 2013

sir, your son or you can gile private complaint beore magistrate that police rejected to take your son's complaint but only one side o the matter they look as your son has natural justice o equity , good conscience, justice ater all criminal law is also amenable to natural justice and always accused is innocent till convicted by a court and so even now he is just accused by the norm o police while real culprit is other man who ailed to give proper signal o turning. He too is accused as he did not wantonly turn but accidentally he took a turn may be he was mentally involved while driving his vehicle, today mobile/cell phones cause havoc as riders do not give heed to traic rules that one shall not use cell phones whone on driver's seat and that negligence can be termed as criminal negligence and thes kind o acts ought to be brought in your private complaint, unortunately motor vehicles act do not carry all aspects o accidents that happen day in n day out. police have ostric kind o look but do not apply their mind, so we say application o mind need necessarily be must be wholesome!