(Querist) 25 November 2008
This query is : Resolved
One mechanicaly defected truck was parked on highway without having indicators blown, one Maruti Car collided with it and persons in car got injured.
What will be legal position, under what sections offences will be registered and against whom they will registered
how chargesheet will be sent.
Answer query in respect of criminal law and not in respect of civil liability for compensation.
(Expert) 28 November 2008
Offence will be registered for offences punishable u/s 279 of IPC for rash and negligent driving against the driver of the Maruti Car. [ 304 -II may also be added if somebody died] [ if conditions of license etc are violated M.V. Act sections may also be added ] Going legally if the mechanical defective truck was parked then driver of the Maruti appears to be negligent as he drove the vehicle rashly and negligently. After recording the statements of eye witnesses, carrying out spot panchanama etc charge sheet will be sent [within 90 days]
(Querist) 29 November 2008
Mr.Salvi, I wanted to confirm my decision, I have filed chargesheet against Maruti owner u/s.279, 337,338, 427 IPC 184 MV Act. and NC against truck owner u/s.283 IPC as truck was wrongly ported/parked on highway. And from where you brought 90 days limitation for filing chargesheet, please read 167 Cr.P.C.