Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

SUMIT GUPTA (PROPRIETOR)     06 July 2013

Liability of driver of car in case of death of passenger

Please adveice me on following matter I am sumit gupta a CA by profession and i m involved in coachings. On 18th may 2013 I, My brother and one of my student(Aman) were on a trip to shani mandir in kosi(UP) and while returning from there i was driving and aman was sitting in conductor seat in my car. Due to a nap during driving i lost control and my car collapsed with a road wall, majorly from Aman's side, which resulted in his on the spot death. i took him to the hospital but doctors declared him dead. My mausi(Mother's sister)'s son Ankit who is a lawyer by profession lodged case against me for rush and careless driving. My hips bone got fractured and i was on bed for more than one month. last week when i met with Aman's family, they have demanded 15 lakh rupees from me for dropping the case and for not taking any further action. i am not capable of paying such a huge amount. Aman was 18 years old and was doing CA. he was the only boy in his family. he had one sister, mother and father(Drunkard). his family's financial condition was very weak and therefore i was doing everything for him to make him CA. he was in CA-CPT(Entrance exam). He died before his 12th result, which came after his death and he was failed in 12th. this prooved that he was not capable of doing CA by both financial and intelligence means. Before his death he was very close to me and he used to stay at my home for weekends. i tought him latenights because he was very week academically. but after his death his family members are considering me as whole responsible for all this and they are not taking it as an accident. Now they are demanding 15 lakh rupees as claim but i cant pay such amount, in this case if i deny to pay the amount then they will file a case against me............. if they file a murder case against me then what are the safety measures for me........... and if they file careless driving case they what is my liability.......... Because they were close to us i wanted help his family for whole life but they dont believe me and demanded this amount saying that how can i predict future because i m unmarried. when i get married there is no guarantee that my wife will allow me to do this. now please advice me what i should pay them reasonably and if we go for court case they wat can happen................ Please suggest i m in great depression................. Thanx in advance



Learning

 1 Replies

Sudhir Kumar, Advocate (Advocate)     07 July 2013

they will have a pound of flesh


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register