Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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SIMMY (NO)     05 November 2012


My father was driving car and suddenly one 16yr old boy driving very rashly his activa hit our car and we picked him up and got him admitted to hospital and while on his way to hospital and everywhere he was stating that he was at fault, it was his mistake and we have 2 witnesses that he was driving rashly and came on the wrong side. The police never took his statement than and after that day , next day the father of the boy lodged an FIR against my father under section 279 and 337.
can we lodged case against the boy as he is a minor plus he was driving rashly ?
please help. 


 5 Replies

Arvind Singh Chauhan (advocate)     05 November 2012

Repeated three times.

1 Like

SIMMY (NO)     05 November 2012

sorry Arvind, i was not sure of the category under which it comes and plus was not sure if i had submitted in the first go .

so sorry ..


surjit singh (Assistant)     06 November 2012

First see whether he was having a valid driving license, if not you have a good case that he was driving in a rash manner. Try to get person as witness who generally stay at the place where the accident occured and had seen the accident,

1 Like

SIMMY (NO)     02 February 2013

@Surjit - yes we have witness and he is not having any learner's liscenece even..

so what exactly can we do ?

can we not ut any counter case against him ?

surjit singh (Assistant)     02 February 2013

Since it has come to light that he was not having having even the learner driving licence, in that case it become very easy to prove in the eye of law that the boy had no knowledge of driving in a public road where lot of traffic usually ply. The Court cannot come to the conclusion that when the boy who was under age and not having any driving licence issued in his favour will drive his vehicle in a proper manner as per driving rule.

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