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motor cycle accident

Page no : 2

Hemanth Karamthot   15 March 2020

G. L. N. Prasad sir, thanks for replying... I don't think there are any CCTV footage. And I don't know if there are any eye witnesses also. Today morning, my brother had called the police to know about his health condition. The police reply was rude and didn't give information about the patient like whether he is safe or not, in which hospital he got admitted etc. That police officer has asked my brother to bring the documents of the motor cycle. I even suspect if that patient has a driving license.

P. Venu (Advocate)     15 March 2020

Yes, an FIR would be or has been lodged. The matter would have to be decided by the Court.

Hpwever, whatever the decision, your chances of public employment would be unaffected.

Hemanth Karamthot   15 March 2020

Thanks for the reply Venu sir... Just now I came to know that the patient has died. An FIR has been lodged against me. The police have lodged the case on their own. The deceased person's family didn't file any complaint. Now what is the way sir? How can I prove myself as innocent. One thing is he didn't have a helmet. It is suspected that he didn't even have a Driving License. Will I be safe in this case?? What is likely to happen ? Will I be asked to pay any compensation to the deceased family members?? I myself is a victim of his reckless driving. I appreciate the reply. Thank you

G.L.N. Prasad (Retired employee.)     15 March 2020

First stop panicking.  Make a visit to the police station accompanied by an advocate with your medical reports (as you have to report about the accident), driving license, original insurance policy, Registration of the vehicle and reply as tutored by your advocate and facts or in writing in the police station.  Do not repeat that the deceased  is not wearing helmet etc., as the issue to be decided was the negligence in driving the vehicle.  Some incidents become such accidents and we can not avoid and we can only face those depending on such facts, and except a local expert advocate, those who guide may not give you such practical relief.

Hemanth Karamthot   15 March 2020

Thank you for taking out your valuable time and replying me sir. I am going to consult a lawyer. But, sir, how can it be proved if the driving was negligent while driving the motor cycle as there were no cctv cameras and other eye witnesses? In such cases, what happens in general?

G.L.N. Prasad (Retired employee.)     15 March 2020

Please do not assume things and disturb your mind.   The circumstances are beyond your control.  Most of the time the victims are worried about compensation, as you are a stranger and you have no motive.   The Police only construct cases in that manner and ultimately insurance company has to foot the bills.   It is not possible to assume and guide on what will be the grounds and how the police construct the case.  Cross the bridge when it comes.   It is unfortunate, face it as you can not resist and learn.  I hope everything turns out good.

Hemanth Karamthot   15 March 2020

Okay sir... Thank you for your reply.. Will it have any adverse impact on my public employment opportunities?? I got a job in Central government recently. Job is confirmed. But the Police Verification Report (PVR) is still pending. They will see that an FIR is filed against me in related to accidental death case. Will it have any adverse impact on my job?

Hemanth Karamthot   15 March 2020

I will be asked to join the job in three months. If I don't get acquitted before PVR, what's going to happen??

G.L.N. Prasad (Retired employee.)     15 March 2020

I have been again and again requesting you not to get disturbed.  You are not a professional killer and you have no motives or criminal mentality, it is just an accident.  Hope nothing will happen to you.  Do not point your finger to others for their mistakes, as your abandoning the victim at that juncture without proving your bonafides (Drunk/drive) etc is not proper.  Your advocate can guide you properly.  First avoid tension..

Hemanth Karamthot   15 March 2020

Okay sir.. Thank you... I wish I could have proven my bonafides. But I and my friend both were injured and bleeding. That's why we were taken to the nearest hospital to get the treatment. The government hospital administration has given the information to the police about our accident with out consent. As far as abandoning the victim is concerned, we made sure that an ambulance was called for before we left the place. I really thank you for patiently replying to my doubts without getting irritated. The reason why I am panicking is this is my first time to be in this situation.

G.L.N. Prasad (Retired employee.)     15 March 2020

If one can not prevent,  there should be compromise and enjoyment and in this particular case, you can learn several things though the incident is most unfortunate.

Hemanth Karamthot   15 March 2020

Yes sir. Hopefully nothing untoward happens and I will get out of it asap without much damage. Thanks for your support sir.

Advocate Suneel Moudgil (Advocate)     16 March 2020

whether your bike was insured?

the family of the deceased person will also file a claim petition against you,

 

Advocate Suneel Moudgil (Advocate)     16 March 2020

the criminal case will have no impact on your job

Advocate Suneel Moudgil (Advocate)     16 March 2020

1. generally and practically, once the claim has settled the witness hostile in such cases,

2. engage a competent lawyer for your case


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