Prove ipc 279/338 accident case without material evidence

Querist : Anonymous (Querist) 12 August 2022 This query is : Resolved
My brother was hit by a truck from backside while he was driving cycle on the road. He got severe multiple fractures. police filed a case under IPC 279 and 338 based on the complaint given by me. The accused was released on the bail and the chargesheet is filed in the court.

Now i am filing civil case for compensation from the accused and insurance company. I reached to a lawyer and he went to PS and obtained the chargesheet and witness statements. But when we read the chargesheet, we found that there is no vehicle seizure memo, no mechanical inspection report and no material evidence on the record. Even the site map is wrong. Now my lawyer is not showing interest in accepting the case as it doesn't have any material evidence but only oral evidence which also has some mistakes.

My brother is bedridden now for 3 months and takes another 1 year to return to normal life due to which he is sent on unpaid leave.

what should i do if no lawyer is accepting my case and how will we be compensated?
how can we prove the accident just based on oral evidence?

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Quick Summary

This discussion addresses how to pursue an accident case under IPC 279 and 338 when crucial material evidence like vehicle inspection reports is missing from the police chargesheet. The advice suggests that an FIR can be sufficient for a Motor Accident Claim, and discrepancies in the report don't necessarily prevent a claim. Seeking legal aid from the District/State Legal Services Authority is recommended, and the Motor Accident Claims Tribunal (MACT) can gather its own evidence.

Dr J C Vashista (Expert) 14 August 2022
Approach Secretary of your District / State Legal Services Authority to provide legal aid counsel and proceed.
FIR registered in the case is sufficient evidence to proceed in a Motor Accident Claim case u/s 166 of MV Act, 1988.
However, if you are in Delhi / NCR and feel so, may contact me (on appointment) at Chamber No 647, Lawyer's Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi or email: majjagdish@yahoo.com

P. Venu (Expert) 14 August 2022
Lapses or discrepancy in the FIR does not prevent the injured in filing the the claim before the MACT. Your brother can plead all the facts in his knowledge. The MACT can adduce its own evidence independent of the FIR Content or the Police Report.

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