Death of mother in road accident
My mother died on the spot in a road accident. My sis was with her at that moment. They were coming out of a banquet from a b'day party. The driver of the car was held on the spot by my sis and my cousin ( who was talking over phone outside the banquet at that moment). My cousin became the first eye witness . Since sis was not in a position to talk at that moment so she gave her witness very next day and thus registered as second eye witness.
Opposite party i.e. the driver had clearly denied the fact that he has done anything wrong instead he said I stopped my car just to help them out.
Now my question is , What if my cousin doesn't appear on the date of hearing for his witness? To what extent it can affect the case? Are we liable for any compensation under such situation?
My sis evidence has already been done on the last date of hearing & Postmortem report also states that It was death due severe injuries caused in an accident.
Asked in Civil Law from New Delhi, Delhi
you win cases by reliable and credible witness and if you do not have that then you may suffer also,as far as compensation is consider file a case in MACT .
Advocate, New Delhi
Two cases will be filed in your case. One is Motor Vehicle Accidents Claim which is a civil case against the Owner of the vehicle, Insurer and Driver. You can claim damages for the death of your mother. In this case driver will not be held liable. Either the Insurer or the Owner will be held liable. Second one is criminal case will be filed by the Police. Depending upon the evidences available and eye witness the punishment will be given to the driver. The element of rash and negligent driving should be proved. There should not be any contributory negligence on your part. Then the driver will be punished.
1) the evidence of witness is necessary to prove that driver of car that caused accident was driving in rash and negligent manner . since your cousin saw driver at wheel of the car her evidence would be very cruicial in the criminal case . your sister evidence will corroborate the charges of rash and negligent driving .
2) for compensation you have to file case in Motor Accident claims Tribunal .
Cases are made or broken during the witness testimony in the court. If your cousin does not come forward to depose as a witness in court then the accused may well be honourably exonerated by the court due to insufficient proof being adduced in support of allegations. Your cousin's testimony can turn the tables one way or other as he/she is an eye witness to the incident and can thus throw light on the fact that driver was negligent when the accident took place. In the absence of his/her testimony the accused may walk free.
You can make the owner and insurance company liable to pay monetary compensation to you by filing a claim for compensation in court.