• 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 2 years ago in Civil Law from New Delhi, Delhi
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. .
H. S. Thukral
Advocate, New Delhi
514 Answers
125 Consultations
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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 ?
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
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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.
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
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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
Ajay Sethi
Advocate, Mumbai
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1218 Consultations
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contact any of Delhi lawyers on this website from Delhi . they will guide you
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
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Mr Thukral from this website . contact him telephonically
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0

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