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sivakumar (fresher)     15 August 2011



I met with an accident while driving in my car, I hit a moped with two passengers. The accident was serious and even i got hurt. I went directly to police station and surrendered. One person was serious and the other person lost his leg. Actually it was night and the highway.! They came suddenly and i had no way to avoid them even though i hit my brakes hard and turned sideways to get down the road. The case was booked and i took the bail for "337 section". Now i heard that the person serious with injuries has just passed away.


My lawyer said that the case is going to turn to "304 A" . 


The other information is that i have license, registration of the vehicle, pollutuin and insurance. 


The other person who was driving the moped didnt have license not the registration of the vehicle.


Can anyone tell me how serious the matter is??


 3 Replies

THANKACHAN V P (Advocate & Notary)     15 August 2011

1.I cannot anything about the merit of  the case now, but you will have  to face the criminal  trial before the Magistrate court under sections 279,304A and 338 of the Indian Penal Code.

2. The leagl heirs of the deceased and injured will file petition before the Motor Accident Claims Tribunal for compensation. Since you have valid license and insurance coverage, you need not pay anything towards compensation.

1 Like

sivakumar (fresher)     16 August 2011

Sir, thanks for the information. But i have a small doubt.


I am just a fresher completed my bachelors this year, so actually I am pretty scared. Even though the fault wasn't entirely mine what could be the outcome at the end when this case comes to an end??

THANKACHAN V P (Advocate & Notary)     16 August 2011

1.It depends upon the evidense of the case. Evidence of the injured is very material.Accused can be convited on the solitary evidense of the injured.

2.Try for a settlement (though not legally compoundable) with injured and the legal heirs of the deceased .

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