G.Siva Srinath (HR Executive) 06 May 2012

Road accident cases

Dear Experts,

I would loke to know the Law & Procedure pertaining to Road Accidents in the state of Andhra Pradesh.

The brief of the case is -

A person is riding a two wheeler in a low speed and took a bliend turn and found that a person is crossing the road with out watching the traffic. The vehicle driver has sound horn and applied breaks to avoid dash the person. The vehicle driver lost control over the vehicle and fell down on the road without hitting the person crossing the road and incurred sever head injury as was in a state of unconciousness. At the same time some other vehicle coming from behing has hit the person and fasted speed and disappeared from the seen.

Police has arived and took both of them to the hospital and the pedestrian has died. Now the police has filed a criminal case of murder on the person who has fell down at the point of accident and the wife of the deceased person has filed a case to get some money from the two wheeler driver. The police is producing some false witness stating that that they are present in the seen of accident, infact they are relatives of the dead person.

Now you experts are requested to suggest and advise the necessary action to save the innocent two wheeler driver.

Hope you all revert with the sutable advises.

Thanks for your valuable time and kind consideration.

With Regards,

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1 Replies

Guest (Guest) 06 May 2012

Dear Querist,

Liability for causing a motor accident is two-fold. It results in criminal liability under Section 304-A of IPC which carries an imprisonment of up to 2 years. That apart, the legal heirs of the deceased are entitled to compensation from the owner of the vehicle which caused the accident. The prosecution has to prove that the accused was driving in a rash and negligent manner, and it was this negligence which resulted in the accident. The witnesses of the prosecution are interested witnesses i.e who have an interest in the case, and can be weighed down during cross examination. Your defence would be based on two grounds a) That the accused was not driving the vehicle which caused the accident, and b) The witnesses have been implanted by the prosecution and were not present at the time of the accident.

If there is sufficient evidence with you to prove the above two facts, you may also consider moving the HC for quashing of the FIR.