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Sumit   06 February 2016

Section 279 / 304a

I was driving back from my office in the night (time approx. 8.20 pm) on a main city road. It was dark (street light was also not operating). Road was empty. Suddenly a middle aged man come running in front of my car. Despite all efforts to avoide , accident happened and that person was hit. I stopped my car and took that person to nearby hospital. That hospital reffered him to goverment hospital.That person was drunken. His M.L.C. showed "Alcohal +ve on basis of Smell" . Later on during the treatment that person died in hospital. Police regestered a case in section 279/304 A. Please advice how you see this case and how I can come out of this situation. I driving in center of the road (near to devider).I am having a long driving experience with valid Driving Licence / Insurance of the Car etc. 

Thanks

 



 9 Replies

Sidharth   06 February 2016

Meet I/o personally,  convince/cooperate him. He will definitely submit report in your favour, 

Shortest way to come out of case. 

1 Like

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     06 February 2016

I am extremely happy to see that you acted like a responsiboe citizen and helped a person who got inured due to your vehicle. Most people choose to walk by and do nothing about it.

As far as your liability is concerned, the fact that he had a certain amount of blood alcohol level goes to show that it was him who was negligent in being diligent while crossing the road. Hence the said fact should absolve ypou of any liability of causing death by negligence.

However, please clarify whether your vehicle had effective insurance subsisting at the time of the accident. In case it did, then there wont be any civil liability over you either. However in the absence of a properr insurance, you could be looking at some compensation liable to be paid by you to the family of the deceased.

1 Like

P.THANGAVEL (ADVOCATE & LEGAL CONSULTANT)     06 February 2016

Mr.Augustine Chatterjee has covered the matter in excellent manner and I appreciate for his practical approach.

Sumit   07 February 2016

Thanks Mr. Chatterjee,

Thanks for your valuable responce. Yes. My Car was having a valid Insurance at the time of the accident. A fewmore queries are therein my mind. I will be oblised if you answer.

 

  • As in this case the victim was drunken, is there are possibilities that he might be denied forcompensation by the insurance companyand liablitity comeson me?
  • His relatives are living in some other state, so is it apossibility that they will file the compensation case in theirhome state?

Please advice. Thanks 

 

 

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     07 February 2016

No if his drunken state would be a defence , then it would apply to both you and the insurance company . You cannot be held liable . The petition however can be filed at the place of residence of the claimants as well . But then you need not go in person . An advocate may represent you there.
1 Like

Prashant Shah   08 February 2016

IPC u/s 279/337/304(a)

Dear Sir,

My Suzuki Access hit one Lady on 01 DEC 2014 around 03.0 PM which causes Serious injury in his Head.

Although I taken him to Nearby Mulund Government hospital.

However Doctor on Duty give first aid treatment and say referred for further medical treatment go to Sion Hospital.

She was immediately removed to Mulund Government Hospital to Sion Government Hospital

But She Died in the Hospital on 02 Dec 2014 around 01.15 PM

 

FIR U/S 279/337/304(a) in Mulud Police Station ,

saying that I hit bike him intentionally with excessive speed, rush and negligent manner and gave forceful dashed ti the deceased and she sustained seriously injured on her head and other part of the body

 

Please let me know how I should proceed.

Thanks

 

Prashant Shah

Age-27

Mumbai

 

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     08 February 2016

Dont worry. That is the usual language which is used to describe an FIR under the provisions that you have memtioned.

The best way to get rid of the cases is to enter into a settltment with the legal heirs of the deceased when they move a petition before the motor accident claims tribunal. I think you should do the same on humanitarian grounds as well.

Ankit Kumar   25 June 2020

IPC 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 call 911 for help and took us to govt. hospital...after few 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..

Sudhir Kumar (Retd Govt Officer)     07 August 2020

Originally posted by : Ankit Kumar
IPC 279/304AI 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 call 911 for help and took us to govt. hospital...after few 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..

 

 

 

 

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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