• IPC 304a and MVA

On 2nd August 17 I met with road accident, 5 persons came on national highway jumping through road barricades and In order to save them I applied brakes but one 62yr female old was hit by car. I took her to nearest hospital immediately and stablised her but while transporting to superspeciality trauma center she died. I put all efforts but couldn't save her.
I am a doctor and police came to hospital seized my car and allowed to accompany patient in ambulance. 
Investigating officer not called me yet. 
I hv valid DL nd RC but car insurance expired on 25th june 2017. My friendstalked with IO, he said he registered complaint against unknown driver and my vehicle number. Patient relative having photograph of my car.
Now IO making chargesheet he found out my adress nd phone number from RC. I talked with relatives of victim for out of court settlement but they are demanding 20 lac rs.Her son is saying they want money for marriage of her sisters nd brother.
My questions 
1) she was 62 yr old , illiterate and housewife resident of a slum in 2 girls are unmarried nd 1 boy unmarried, 1 boy is married. How much compensation can be granted in this case under MVA?

2) How to proceed in this case? How much time court takes to solve this case
Asked 7 years ago in Criminal Law
Religion: Hindu

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12 Answers

1. I'm assuming that she was unemployed and did not had any dependants to support monetarily. If such is the scenario, the compensation that will be arrived by the MV Tribunal should be meagre. Something within 1 or 1.5 lacs.

2. Let them institute a petition under MV Act to seek compensation. They'll do that same mostly once the IO files the charge sheet. Once, the compensatory suit is filed, it should take anything between 2-3 years to get concluded.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

Hello,

Court will take around 4-5 years to decide this issue and see compensation depends upon the view of the court, but probably it should be between 5 -10 laks, I advise you to pursue the case as of now and after a span of 1 year, the opposite party will automatically contact you to settle the matter.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

Sir, if your car is insured then the compensation has to be paid by the insurance company not by you.. Let them file a case for compensation .. Court considers monthly salary up to 60 years of age , in passing compensation.. Since she was s labour and old maximum compensation can be of 5 lakhs..2) as per FIR you have to take bail and join the trial

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

1. Your case has a merit and if you continue seriously contesting the case then you will get proper relief.

2. There is no need to meet exorbitant demands.

3. If t is shown that the death was out of accident only and not put of intentional act then you will be penalised for composition only.

Decide accordingly.

Devajyoti Barman
Advocate, Kolkata
23198 Answers
510 Consultations

you can arrive at settlement with legal heirs of deceased. file for quashing of FIR in HC

2) you can contest the case deny the allegations of rash and negligent driving

3) in your case the accident occurred because lady jumped through barricade and came in front of your car on the national highway

4) you took the victim to the hospital and made all efforts to save her

5) there is no exact uniform rule for measuring the value of human life and measure of damages can not be arrived at by a mathematical calculation but the amount recoverable depends upon life expectancy of legal representative beneficiaries.

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

1. The offence cannot be settled out of court as 304A is non-compoundable. However, the High Court alone quash the proceedings if there is a fair out of court settlement between the accused and victim's heirs.

2. Unless you compensate the heirs of the victim they wont agree to a settlement. If they file a claim petition before Motor Accidents Claim Tribunal (MACT) for compensation they may get at least half of the amount they are telling you to pay.

3. Court proceedings will take 2-3 years to culminate.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

If you are convicted in 304 A case you would be dismissed from service

2) it would affect your employment prospects

3) in case you apply for any govt job must disclose details of pending case against you

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

It will not effects your job prospects. You should disclose the factum of pendency of this criminal case when you're asked for.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

There will be no issue, however if it is asked that if any case is pending or was filed, you must not hide this fact.

304a does not usually effect the employment.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

You have got bail already I presumed. So this may not have any impact on your current job, but it may become an obstacle to your career prospects/

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

The out of court compromise will settle both the criminal and civil (MACT) cases, but if you feel that amount demanded is exorbitant then you can negotiate the amount.

Please be aware that since your insurance is not in force, the insurance company will not pay any compensation and the entire liability will fall on your shoulders only.

Therefore if a negotiated amount suits you, it would be better that settle the matter properly so that this do not get dragged for years with tensed situation always.

What the MACT court would award will depend on the arguments of the claimant's advocate.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

I am involved in 304a case. Is there any effect of this case on my govt job or future interview in govt.job ?

If the court convicts you and sentences you with imprisonment as per law then it may affect your government employment as well as future employment with government organisation

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

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