Where death or permanent disablement of any person has resulted from an accident arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicle shall, or as the case may be, the owners of the vehicles shall jointly and severally be liable to pay compensation in respect of such death or disablement

2)When the car is insured, the insurance company takes over the compensation liability.

3) police will file case under section 304A of IPC if death arise on account of rash and negligent act

4) the victim family can claim compensation before MACT

5)Sub-section

(6) of section 158 of the Act provides:

"As soon as any information regarding any accident involving death or bodily injury

to any person is recorded or report under this section is completed by a police officer,

the officer-in-charge of the police station shall forward a copy of the same within

thirty days from the date of recording of information or, as the case may be, on

completion of such report to the Claims Tribunal having jurisdiction and a copy

thereof to the concerned insurer, and where a copy is made available to the owner, he

shall also within thirty days of receipt of such report, forward the same to such

Claims Tribunal and insurer".

Sub-section (4) of Section 166 of the Act reads thus:- "The Claims Tribunal shall treat any report of

accidents forwarded to it under sub-section (6) of section 158 as an application for compensation

under this Act".

dirver of the vehicles would be prosecuted under section 304 A of IPC

2) [304A. Causing death by negligence.—Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.]

3)police will lodge FIR and prosecute the accused

No doubt victim's kin is entitled to copy of FIR, but the accused can get the copy of the FIR from the court directly by plying for a certified copy or can even get the copy when appearing before court after receiving the summons once the police files charge sheet before court.

If you are asking this question on behalf of the victim, what do you want to know about his.

The victim's legal heirs can file a MACT case seeking compensation and insurance claim.

In a road traffic accident , the punishment to the accused will be very minimal.

Can the drivers of the vehicles involved be punished with imprisonment for their negligent driving, which has ruined the lives the wife of my brother and his three children. If yes, what steps should be initiated by the family of the deceased?

The police may book a criminal complaint under section 304A IPC.

The maximum punishment for causing death by rash or negligent act, is up to two years jail term and a fine prescribed for the offence under the IPC.

Therefore your sister in law and hr children have to be contended with the insurance claim and the compensation alone.

Section 304A IPC prescribes two year jail term along with fine or both if the accused is found guilty of the charges.

Hi,

Before commenting on this, FIR needs to be seen.But, as per motor vehicles act. sec 169, you can claim insurance from both of the car owners in tribunals. you need to engage a lawyer as soon as possible.

thanks,

adv.niranjan,

mobile - .