sandeep (farmer) 06 May 2012

Death due to accident by a tractor driven by 12 year old boy

Dear Sir,

My Uncle, a Farmer 68 year, while walking by side of road was hit by a Tractor. He injured very badly & died in hospital because of excessive bleeding. The driver, 12 year old boy & other 3 men with him didn’t stop to see injured and to give him first aid. They Hit & run from spot. Many people saw the accident happening who have given their statement to Police.

NOTE:

1. Driver was Minor who do not have driving license.

2. Tractor Owner do not have proper legal documents of vehicle.

3. Tractor do not have valid insurance.

4. Accident cause death of poor farmer who have his wife & 17 year son as dependent.

In this case, what should we do to get Justice / Compensation :

1. What are the chances of getting accused punishment ?

2. What are the different offences in this case, Charges ?

3. How much would be punishment in this case ?

4. How much compensation can get in this matter ?

Pl advise so that we can get confidence to fight for justice.

Regards from a Farmer family.

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3 Replies

(Guest)

since the accused is below 18 yrs i.e. a minor he will not be punished unless it is proved that he attained sufficient maturity i.e. he understands the natural consequence of his act.

in this case i think he has no intention of killing your uncle. it is mere an accident and the accused being a minor is so afraid of the situation that he ran away.

now the question is that did he know that driving without proper training could cause such accident. if yes, the only he will got juvenile punishment. if no, he will be aquitted on the ground of incapability of doing a crime.

look the charges in this case will be:

1] driving without license

2] driving by minor

3] murder

punishment depends on intention. compensation you can get from civil cases and not from criminal cases. it is criminal case so only your opponent will get a jail sentence if he has sufficient maturity.

but all the other men will be charged for letting a minor drive the tractor and after the accident they also don't stop the tractor and ran away.. they can face jail.

adv. rajeev ( rajoo ) (practicing advocate) 06 May 2012

In such cases owner of the tractor will lilable to pay the compensation. To get the comepnsation legaheirs of the decesed will have to file MVC case in MACT.