Accident case

ss (Querist) 10 December 2009 This query is : Resolved
In an accident case one scooterist hit another scooterist due to epileptic attack. The scooterist who had epileptic symptom and with helmet died in a hospital. Since the other scooterist survived therefore he was booked under IPC 304-A,279 despite his no fault. The postmortem report did not mention anything about epileptic symptom and opined that the deceased scooterist died due to force impact. Actually, the scooterist who died had no expternal injuries but due to his back head injuries he succumbed his injuries. I would like to know the following:-

1. What is the term "Force Impact" as mentioned in the postmortem report by doctor?
2. Is a doctor while performing postmortem normally looks every aspect/cause of death or follow certain guidelines in accidental cases?
3. Was it not mandatory for doctor to mention about non wearing of helmet leading to his death since the was in back side of head?
4. Related judgement in this regard.

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n.k.sarin (Expert) 10 December 2009
Mr.SS,"force impact" as mention in the postmortem report or not mentioning non wearing of helmet does not prove the fault and negligencies on your part.

Arvind Singh Chauhan (Expert) 10 December 2009
How can you say that he was epileptic?. if you have personal knowledge of his being epileptic, just inquire about his driving license and collect other evidences about his decease from hospitals or other agencies. If it is proved that he was epileptic or not having driving license,would be good defense for you

Raj Kumar Makkad (Expert) 10 December 2009
1. force impact means hit from front side which led non control over body.

2. Yes. doctor conducting postmortem looks all and every aspects within medical jurisprudence.

3. No. Doctor has nothing to do whether the deceased was wearing any hamlet or not. He has to opine only on medical related issues and not factual aspects. It is the duty of the police/investigating agency to see.

4. No citation is available at this moment.