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ROHIT KUMAR   15 February 2023

road accident case

my father met with an accident on 11 th dec 2022 at kharagpur west Bengal.

He got expired on 13th dec. he was hit by a bike while crossing the road.
I have lodged a FIR against the driver.
he got arrested and now he is on bail
the police is also not taking any further action and waiting for the post mortum report.
what is the legal procedure to proceed in this road accident case?
what should my step after this?
please suggest


 10 Replies

anubhav Bhatt   16 February 2023

Dear Client file case before Claim Tribunal against the Insurance Company for more clarification you may contact us then I'll explain properly.
Advocate Anurag
High Court
Mobile 9198889990.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     16 February 2023

What is it that you want, punishment of the driver or compensation for the death of your father. Punishment is for the prosecution to follow. Compensation is from the owner of the vehicle and his insurer. You may take the advice of a lawyer specialised in such matters.

ROHIT KUMAR   16 February 2023

I want to punish the driver of the vechile what is the legal procedure for that.. He is already on bail

Sudhir Kumar, Advocate (Advocate)     16 February 2023

has the post morteum completed?

have police reeived PMR?


you are entitled for compensation and you can also appoint your lawyer to following criminal case.

ROHIT KUMAR   16 February 2023

no sir the police hasn't received the pmr report , yes the post morteum is completed
1 Like

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     02 March 2023

In order to punish the driver, he must be charged with an offence in this case under the Motor Vehicles Act. Charges can also be under IPC. Generally the charge would be either rash and negligent driving causing grievous injury or rash and negligent driving causing death of a person. Under IPC the charge could be culpable homicide not amounting to murder. In order to chargesheet the driver there should be evidence that the death was due to injuries caused in the accident. The evidence could be the post-mortem report. Police can take action only if the postmortem points to death on account of injuries in the accident. In any episode resulting in the death of a person the State is the aggrieved party and not the relatives of the deceased person. Relatives can join the prosecution with the permission of the court. Did you have access to the post mortum report?  What does it say about the cause of death? Sometimes the post mortum report will not support the cause of death as the accident. If you do not agree with the report, you will have to contest it. You can contest only if you act without delay. For the police this would be just another case and they will act in a routine manner.

Sudhir Kumar, Advocate (Advocate)     02 March 2023

in such like cases at times hospital staff and doctros delay the PMR in hope of bribe.  They cannot withhold indefinitely.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     22 March 2023

You may be able to get the post-mortem report through RTI or a writ of mandamus to high court.

1 Like

Pankaj (Student)     22 March 2023

In addition to what others have stated, The case comes under IPC is section 304A- causing death by negligence and is a bailable offence so the police is bound to give bail. 


Sudhir Kumar, Advocate (Advocate)     23 March 2023

Use RTI to get the status of case and the copy of PMR if received by police alongwoth the efforts made by police if not received PMR.


You should also meet the SP.

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