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Ankit Kumar   29 June 2020

bike accident

Ankit Kumar     25 June 2020IPC 279/304A
I met with an accident on express way my friend was driving my bike.... at turn he blows horon one man was driving cycle in front of us got paniced and turn the cycle suddenly and got hit with my bike...he got enjured, me and my friend too...locals there called 911 for help and took us to govt. hospital...after 2.5 hours the man died ....

his wife filed a complaint against us under section 279/304A ...
problem is my friend refused to take responsibility that he was driving the bike bcz he has not license and me too..
what can I do here please suggest..


 13 Replies

Dr J C Vashista (Lawyer)     30 June 2020

Whether any FIR has been lodged, if so, who is accused ? Driver of the motor cycle shall be accused in the case.

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G.L.N. Prasad (Retired employee.)     30 June 2020

The owner of the bike and the person who is driving can not escape punishment and such damages.  Talk with elders and police and protect yourself.

Ankit Kumar   30 June 2020

Yes fir has been lodged and only driver is written in the case.. non of us name is there

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     30 June 2020

In case a road accident victim dies, it needs to be proven that the accident was a result of rash and negligent driving. The prosecution needs to prove this. The police will file a criminal case under Section 304 A of the Indian Penal Code, which deals with offences relating to death due to negligence.without licence driving is another crime. So penalty has to be faced. 

Ankit Kumar   30 June 2020

if the accused gets the insurance claim he can withdraw the case

G.L.N. Prasad (Retired employee.)     30 June 2020

I am afraid that insurance can not be claimed if the driver is not having a valid license.  The condition while obtaining the policy is that vehicle must be driven only by licensee.   Finally, accountability also goes to the owner of the vehicle also.

Ankit Kumar   30 June 2020

if the accused get the insurance money he can withdraw the case or not ??

G.L.N. Prasad (Retired employee.)     30 June 2020

Mr.Ankit Kumar,

Please understand the actual issue.

Who is the accused?

How insurance can be paid when the driver is not having a valid license? 

Civil and criminal cases are different.

Driving without a valid license is not concerned with insurance settlement in any manner.

Why are you bothered so much when your role is limited to witness at the maximum.?

Ankit Kumar   30 June 2020

bcz it's my bike and the fir lodged hasn't any name in that only the no of my bike and driver ..and my friend refused that he was driving ..so I am worried

G.L.N. Prasad (Retired employee.)     30 June 2020

The event happened.  Police file charge sheet on certain witnesses and including CCTV footage. But as a bike should not be driven to those who are not having laid license,you may have to face both civil and criminal actions.  There is no escape and at the most they may help you and say that you are not driving or the driver is not doing rash driving and the fault is with a cyclist.  But it may take a long time.  There are several things to be considered in your case, as you do not have driving license and there is a death of a bread earner.  Spend some amount, get a compromise.

Dr J C Vashista (Lawyer)     02 July 2020

Originally posted by : Ankit Kumar
if the accused gets the insurance claim he can withdraw the case

Why and how do you expect the claimants / LR of victim shall withdraw the criminal case "if the accused gets the insurance claim.." wherein accused is prosecuted u/s 279 / 304A IPC.

Motor Accident Claim is governed by section 166 of the Motor Vehicle Act, 1988 which has very limited concern with an offence u/s 279/ 304A IPC. The claimants have to prove the fact that the claim is preferred in consequence of accident occured by motor accident by driver of offending vehicle owned by its registered owner.. 

Sunayana Chhabra   04 July 2020

IO will give a notice to you asking who was driving the motorcycle at the time of accident. Give your friend's name as driver. Feel free to contact at sunayana122@gmail.com for further assistance.

Sudhir Kumar (Dy Director)     07 August 2020

 

 

 

Repeating on several threads.

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=132832&offset=1

https://www.lawyersclubindia.com/forum/details.asp?quote=861338&mod_id=210644&message=MESSAGE%20MODIFIED#reply

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=210644&offset=1

 

The facts is that a death took place and a cognizable (balaibale) and non-compoundable charge is registered.

 

The owner as well as driver are liable for imprisonment of not more than 2 years + fine.

 

In addition there will be a compensation case as well in which court will decide the quantum of financial damage to the family which will be decided on the basis of his income and number of years left for retirement  and approximate  pension etc he would have earned.  However you have disclosed no such information.

 

Some person with sketchy knowledge would advise you to pay repair and compensation out of your isuacance policy. 

 

The moment the insurer of the bike learns that the driver was unlicensed they will be absolved of all the liability which they would have faced.  You (and/or your friend) will be left to pay the compensation from your own pocket.  You have no escape even if your (so called) friend is willing to take responsibility and go to Jail (off course not alone)

 

If There is no proof that your friend was doing unlicensed driving then you have no escape.

 

Better beg (or buy) for mercy of the family. Even if the family does the mercy (off course on hefty amount) then also it is not smooth sail as the offence is non-compoundable.


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