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Rajesh Khattar   13 April 2011 at 15:45

Death due to Negligence

I am presenting my case in detail.And this is my request to all the Expert please guide us.

My Nephew aged 17 years met with an accident with speeding Swift Car on 13th Jan. 2011 and that was the Head on Collision. My Nephew was on Activa Scooter ( with out Gear ) . He was seriously injured and admitted to Hospital. My Nephew was having proper License, whereas the Driver of the Car didn’t have the License but his car was insured. Police imposed IPC 279, 338 and 427 at that time.. My Nephew was put on Ventilator and after 5 days Ventilator removed and from 20th Jan he started recovering. But at that time he was on Liquid diet but on 23rd Jan. Hospital Staff ‘s negligence they gave him Solid food that struck into his wind pipe and he died. Hospital showed “ FAT AMBOLISM “ in Death summary. After our Protest , Police sent the Organ to PGI Rohtak and Madhuban for further Investigation and imposed another IPC 304A. The Post Mortem report is still awaited. Hospital did not provide us any Report ( i.e. CT Scans/Examination Report), Even Hospital Doctors don’t want to meet us to tell the reason of Death.

At present we have filed case aginst Insurance Company and Owner of the Vehicle. And still we have not received any summon from the court for identification of Driver.

Please guide us for further actions.

1. Are these IPCs are sufficient.
2. Owner of the Car and Driver of the Car will be punished or not if so then for how many years.
3. What can we do against the Hospital for their negligence.
4. My Nephew was the only son of my Brother and his everything was dependent upon him. How much we can claim for this case.

I request to all the Experts to please guide us .

Regards

Rajesh Khattar
Faridabad


Anantalf   13 April 2011 at 14:35

Homicide

Homicide- is and what?

Anantalf   13 April 2011 at 14:00

Mens Rea

Mens rea---what and how to prove it?

Anantalf   13 April 2011 at 13:29

Motive

The various factors for the motive and their relevance in Murder and other crimes.

Anantalf   13 April 2011 at 13:12

Murder

Murder is homicide:) Dear Experts enlighten me on this

Anonymous   13 April 2011 at 11:47

Meaning of diff. sections in CrPC & CPC

There are sevral sections in Crimnal and Civil Procedre Code. Pl. suggest good web site for meaning of variuos sections.

Anonymous   13 April 2011 at 09:10

citation needed

In a complaint case ACMM has ordered for discharge of accused at precharge evidence, but the SPP has filed an cr revision in the session saying that the in complaint case there is no proviosion for discharge.
I have one citation(1972) 3 Supreme Court Cases 282 which says "If charge is found groundless on the face of the record, the accused is entitled for an order of discharge."
I need some other citations ...

Anonymous   12 April 2011 at 20:32

chances of bail from session court

my brother is charged with forgery case related to fake document which he didnt made for a passport , he gave money to make passport to agent , the agent made some fake document and submited , at the time of police enquiry my brother came to know the document was fake and police registerd case against him, in sec 420.419.467, now he is arrested and in judiciol custody from last 10 days , we had convinced police and they made statement as we want, even in panchnama they didnt find anything like that report they made, our bail was not accepted in magistrate court as they were not empowered to give bail, i need your advise on this situation , my brother will get bail from session court in first hearing ? what are the chances.
one more point the agent who is also accused is dead. and his dead certificate is submited to police
my lawyer said he 100% sure of getting bail from session court in first hearing.
the public procecutor is also in our side,

Anonymous   12 April 2011 at 19:44

When can one force court to start hearing?

One of my friends was charged for rioting in 2003. He was not at all involved in the act, he was just standing over that place to know what was happening and he was arrested by the police. Even if police knew the fact, they charged him for rioting. He was free after bail but then the problem started. No one has been remained present except my friend on every trial, so hearing cannot be started. And it has been more than 7 years passed, but still hearing cannot be started.

I would like to know from you Expert that is there any provision in law so that we can force court to start hearing. Because my friend wants court to start hearing him so that he can prove himself innocent.

I am asking him on behalf of him because he is not much familiar with computer and such great forum.

Please advice.

Thank you in advance.

Mahesh Agrawal   12 April 2011 at 19:17

sec 147 of cr.p.c.

whether a person can claim easmentary right of light and air in a joint family common lane.