|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.
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.