Motor Vehicle Accident

bhagwant (Querist) 08 August 2008 This query is : Resolved
One Tractor with trouly was wrongly parked without parking light or any signal on side of road.
One motor cyclist gave forceful dash to trolly and he himself and pillon rider died on spot.
Offence under which section will be filled against accused, under what section Tractor owner will be charged.
Whether two seperate offences are to be filled, or single.

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Guest (Expert) 08 August 2008
It is a case of negligence and the offence if any is improper parking motor.

The criminal case will be for 304A of IPC if the re is proof that the tractor was negligently parked. Lot depends on the RTI report on the accident and he is the person who will inspect the vehicles. Has the RTI taken the sketches and other documents.

Srinivas.B.S.S.T (Expert) 08 August 2008
As you are saying that the tractor was parked on the side of the road. The IO has to consider the width of the road and lighting present at the time of accident and such other factors while registering the case. My Opinion is that the IO will stright away will register a case under Section 304-A against the driver of the Motor Cycle.

K.C.Suresh (Expert) 09 August 2008
S.304A is the apt section. Tractor owner is not criminally liable only the driver at the time when the accident is met with is criminally liable. For MACT purpose the owner is a respondent.

KamalNayanSaxena (Expert) 10 August 2008
Lodge a FIR or file a private complaint against the offending tractor driver since it is very much necessary to put a claim before MACT. Claim under Motor vehicle Act is a welfare legislation and you may get compensation therefore.

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