motor accident by drunkard
Querist :
Anonymous
(Querist) 29 January 2011
This query is : Resolved
i was having LMV with badge riding my van belongs to medium goods vehicle category,suddenly a man riding a bike fully drunkard came and hit my van backwards at a stretch his left leg fractured and he was taken to GH by his drunkard friends and after 2 days he died in the hospital by some other reason.policemen making to save him filed a case against me of driving under negligence actand i was remanded ang bailed out after a day.kindly say how could i be rescued, iam the registered owner of the van and dont know how to handle both criminal and claim case.
Guest
(Expert) 29 January 2011
At first hire a good criminal lawyer for criminal case..... n a civil lawyer for claim petition...
as per your story it seems that the bike rider was rash n neglegent on his part.... but now F.I.R. has been registered against you... if he was rashly drove the bike thn why you nt immediately lodged FIR against him.... ?... any ways,.. now you ve to give the application to the superior police officials for fair investigation.... before that you can also meet the investigating officer n tell him everything about the accident n help in investigation...... The M.T.O. Report of both vehicle also play an important role in the road accident cases.... if any eye witness s with you thn tell I.O. to record his sec 161 Cr.P.C. statement.. if I.O. refused to do so thn complain to the S.P. OR other superior police officials.... So far as claim is concerened... if your vehicle was fully insured at the time of accident...... thn insurance company'll pay to the claiment..but at first hire a good advocate of your locality...
Sarvesh Kumar Sharma Advocate
(Expert) 29 January 2011
hello,
as y hv got d bail u/s-279,338,427,304a ipc it is a bailable case .
now relese yr vehicle from court.in which(velid driving licence,ragistration certificate,&insurence)is must.
technicle inspection is must and will help in yr case.so sincerly contect to H.C.M.T.
for thecnicle report.
claime case will take some time because pititioner's lawyer will collect some papers.
d section 279 ipc itself has patty
offence but when it count with other sec. it becomes serious.
all case depends upon this sec.
be in touch..........
adv. rajeev ( rajoo )
(Expert) 29 January 2011
You have to contest the both criminal and claim petition filed under the MV Act.
Have you filed any counter complaint against the bike rider?
Ajay Bansal
(Expert) 30 January 2011
You should be discharged if in PMR of that person it is mentioned that he was fully drunkard at the time of accident.
Querist :
Anonymous
(Querist) 31 January 2011
Thank you Mr.Ajay bansal sir,Mr.rajeev sir,Mr.sarvesh sir,and Mr.Ajitab acharya sir.conserning the R.T.O test they tested only My vehicle and R.T.O reported that i dont have licensed to drive Medium goods vehicle and fined me 1000 rs.i dont know whether they have cancelled my License.The accident took place on 8-1-2011 can i go for further fair inspection they have put ipc 279,337,304a idont know how to come out of this situation please guide me.
Querist :
Anonymous
(Querist) 31 January 2011
Mr Ajay bansal sir whether PMR report comes from the time of accident ,because the in the GH doctors said that he was in good condition and not in the stage of death but they are not issuieng me any case sheet result. now my situation is growing worse please advise me sir.
