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Road accident

(Querist) 07 February 2012 This query is : Resolved 
I was traveling in NH47 with median seperation . Near to erode a scotter crossed the NH47 with taking any proper care . My car got hit with scotter and person was immediately taken to hospital . Intialy i was charged with IPC 279-379 and after 20 days the person died. And in the new FIR i was charged with IPC304A. Is this nomral to charge with IPC304A. Please help how to proceed this case . Also what will be the punishment in normal case .
V R SHROFF (Expert) 07 February 2012
Hilal,
Though you have to face trial, usually no one is punished. , except it was absolute negligence on your part.
IPC sec can change depends upon the fact of the case.

Police have to register the case, so that the family members of deceased person can get the compensation from insurance company.
Not to worry. Engage a good defense Advocate dealing with Accident cases. That's all.
Devajyoti Barman (Expert) 07 February 2012
After the recent supreme court decision it is quite common to charge the accused persons with this section.
Deepak Nair (Expert) 07 February 2012
This section states is for causing death by negligence.
You have to disprove the charge of negligence.
Shailesh Kr. Shah (Expert) 08 February 2012
Already replied:-
http://www.lawyersclubindia.com/experts/Motor-Accident-277266.asp
hilal (Querist) 08 February 2012
Thanks very much for the valuable feedbacks .
lingraj maradi (Expert) 11 February 2012
face the trail and normally u/s 304A is minimum sentence is 6 months this is only happens when prosecution prove the negligence of the accused, recently this type cases the high court granting compensation instead of sentence.


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