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Mv accident involving army truck and civil motorcycle

(Querist) 25 August 2017 This query is : Resolved 
Dear Friends
This case involves an Army truck which was moving on the wrong side of a four lane road but after seeing vehicles coming from the front the driver halted his vehicle to the side of the road. However a motorcycle followed by a Bolero which were overtaking truck from left lost balance due to impact of bolero and fell in front of the army vehicle. Police file a case but omitted the presence of Bolero resulting in entire blame on Army Driver. The same was proved in the army court as the statement of the SHO said that there may have been a Bolero involved in the accident during cross examination. However the SHO informed that the statement of the driver is irrelevant in such case. On ensuring why the co drivers statement was not considered on which he informed that his statement is also not applicable. It is pertinent to mention that there is no other eye witness other than Driver and Co driver of Army Truck. Can you advice on the applicability of the statement of the co- driver who was the eye witness for the entire event. The place of accident is near Bangalore. Regards Nitin
Sudhir Kumar, Advocate (Expert) 01 September 2017
has MACT case been filed by you?
Nitin Khairmode (Querist) 01 September 2017
The MACT case has been transferred to the Army and I am his defending officer I am also an Army Officer


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