Was the driver arrested by Police? was the vehicle impounded and mechanical inspection done? Was a site map prepared at the accident spot? these things beside other are necessary for prosecution of the driver and for a claim under Motor Vehicle Act. There are two separate cases in case of accident. One is criminal liability and one is civil liability under Motor Vehicle Act. Your cousin shall have to appear before the criminal court and give evidence. He may not support your case and turn hostile is another thing. .
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? Will there be any compensation by court 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 10 years ago in Civil Law
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6 Answers
Thanx for the response. Answer to all your questions is Yes except about the mechanical inspection of the car. I am not aware of it. though I still have pics of that dented car with me. What could be the effect on the case if he turn hostile specially in MACT case since the next date of hearing is 9th April '2014 where court has asked for his evidence on that day. As far as Criminal Liability case is concerned, there is no call from court till date... The accident happened on 24th Aug 2012. Its about 2 yrs now and there is no information of that case is with us. The age of my mother was 59 years. Can you also let me know the approximate time period both cases will required to come to a conclusion/Judgement ?
Asked 10 years ago
Or may be not hostile...It might possible that he will not appear on the date. Chances of that is more.
Asked 10 years ago
1) the time period would depend upon pendency of cases in MACT and criminal courts in your city .
2) you have not mentioned what happened when case was listed on board on 9th April 2014 . did your cousin give evidence on said date ?
If any of the persons who registered as eye witnesses turn hostile in court then as a corollary thereto your cases will be dismissed. A court of law can pass a judgment only on the basis of evidence laid before it. The evidence of an eye witness is the best evidence which can be adduced in a case.
The time duration within which your cases may be decided by court would depend on the pendency of cases in the courts of your city.
I'm sorry Ajay ji as the date of hearing is 9th May '2014 and not 9th April '2014. It was a typing error. I can only hope that he will come for evidence. Lets see, what will happen?
Asked 10 years ago
1) talk to his parents to convince your cousin to come to court and state the truth on oath .
2) if your cousin values family ties he will definitely come to court and give evidence
Hi, Can anyone tell me on which website I can look for the Order/judgement passed in our case? Its an MACT Case of District Court , Tis Hazari Delhi.
Asked 10 years ago
contact any of Delhi lawyers on this website from Delhi . they will guide you
Delhi lawyers kindly suggest...
Asked 10 years ago
Mr Thukral from this website . contact him telephonically