• Motor accident with head injury

Sir my father aged around 65 to 70 years met with bike accident and had severe head injury with clots and fractured at 12 places on the face,nose ,eyes and ear.He also go 20 to 25 speed,weared helmet and was riding extreme left as per the accident spot.The other person aged 27 years student riding pulsar bike came very fast from opposite side towards right and hit my fathers dio vehicle.Both were admitted in hospital and he was less injured and my father was severely injured and after 10 days he is rarely identifying persons.little bit talking .As his jaw disturbed he is completely on liquid diet.He is a sugar and bp patient.Doctors said he will be in this state for 7 to 8 months.chances of fits,memory loss etc,Section 338 IPC was registered on the person .We have spent nearly 3lakhs and still yet to be recovered completely which may take a year.Everyone says just paying 1000 or 2000 the other person will be relieved.We have come to notice that he doesnt have insurance to his bike and also have no driving license.To save our father we have bought money for debt.How justice can be done to us.Is there no value for human life.If he has no insurance how can we claim.My fathers insurance also expired five months before.kindly suggest what justice can be done to us.My mother and we all has to take care of my father like a child.Its all just because of that person.In our absence there is always a threaten to his life.kindly suggest the needful sir.Thank u.
Asked 5 years ago in Civil Law

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9 Answers

See a motor accident claim can be filed in the tribunal against the said person seeking compensation , amount of hospital bills and losses . The court shall based on damages shall do the justice though the procedure may take some time.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Case has been filed against the the student for rash and negligent driving under section 338 of IPC 

 

2) section 338 of IPC provides Whoever causes grievous hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.

 

3) burden of proof is upon prosecution to prove allegations beyond reasonable doubt 

 

4)file claim before motor accident tribunal and seek compensation from the biker 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1)Where there is no insurance cover for a vehicle, the owner is liable to pay compensation to victim. 

2) the vehicle will be seized by the local government, if the vehicle owner fails to compensate for the loss.

3) Driving without a license is a punishable offence. The case will go in the motor accident claim tribunal and the judge will decide the case according to the evidence and merits. Accused will also require to pay compensation to the victim of the accident in case if accused vehicle having insurance,insurance company will not pay the claim as the scooter was driven by person not holding a license. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

A case should be filed against him under the relevant sections of the ipc in the local police station. Apart from that a case older compensation should also be filed in the MACT and the tribunal will grant you adequate compensation depending upon injury..earning capacity age ....your expenditures etc.

Regards 

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

You can file a case against him in Mact court or civil court under law of torts he will have to pay you through the same. 

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have been taking best care of your father, and that is what I really appreciate about your conduct.
  2. Abd please have faith in our judiciary, you can get the sections under motor vehicle act added in the one above mentioned ( as you said that he was violating the mote vehicle rules also) at the time of framing of charges before the Ld. Magistrate. 
  3. And for the money which has been spent by you after taking on debt, you should file a suit for the damages/ compensation and also with an application for interim monetary help in the same suit before the court of law.

Rest, you can contact me through Kaanoon at any time for further detail discussion over the issue raised above.

God Bless You All...!

Sanjay Baniwal
Advocate, South Delhi
5473 Answers
13 Consultations

5.0 on 5.0

1. Criminal case is already registered against him under Sections 279 and 338 IPC. It will proceed on the face of its own merits.

2. Your father can file a claim petition before the Motor Accidents Claim Tribunal to seek compensation from him. 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Besides the criminal proceedings going on you file a case under MACT for the compensation.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

If there is no insurance of the other person, then he can be made liable for the compensation in the MACT case.

you can talk to your advocate and ask him to file a case in such a way that he is made liable for paying the claim amount.

 

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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