My father (age 69) met an accident on [deleted], at 4.24 am, later died in hospital on the same day at 12.15 pm due to severe head injury. A Passenger auto hit and escaped from the place. The police came to the spot and admitted him into the hospital. Within one week The Police found the accused and arrested and siezed the auto. The accused doesn't have Driving Licence, The Police filed the criminal case against the accused. Do I get the justice for father's death? What about the compensation? Kindly assist in this matter
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For compensation of his death you may have to file a case before MAC Tribunal impleading the owner of the vehicle and the insurance company as parties.
You may contact a local advocate who is practicing in the field of motor accident claim cases for needful and further course of legal action.
Accused would be prosecuted under section 304 A of IPC for rash and negligent driving causing death
2) you can file application before motor accident tribunal and seek compensation
3) Section 140(1) of the M.V. Act provides that where death or permanent disablement of any person has resulted from an accident arising out of the use of a motor vehicle or motor vehicles the owner of the vehicle shall, or as the case may be, the owners of the vehicles shall jointly and severally be liable to pay compensation in respect of such death or disablement. Amount of compensation payable under sub-section (1) is in accordance with the provisions of sub-section (2) of Section 140. To claim compensation under sub-section (1), the claimant shall not require to plead and establish the death or permanent disablement in respect of which the claim has been made was due to any wrongful act, neglect or default of the owner or owners of the vehicle or vehicles concerned or of any other person.
Smt. Sumitra Dev & Others v. Iswar Chandra Samal & Another
Hi
1) Motor vehicle accidents are covered under 279 , 304 A of Indian penal code.
2) Since the accused did not have license, he is liable to be punished under section 3 & 181 M.V. Act also.
3) Please be informed that in the criminal case, the driver will go to jail for causing death of your father.
4) However for compensation, you will need to file a Petition in the court under Motor Vehicles O.P and claim compensation .
5) In the said petition, you should file the FIR, MLC, Post mortem record, family member certificate to claim compensation.
6) In the said petition, you should implead the insurance company, the owner of auto and driver of auto as respondents.
Hope this information is useful.
Hi, Normally, If the Driver of the vehicle don't have valid DL then Insurance Company will not admit there liability to pay the compensation. Normally the court will direct the driver of the auto to pay the compensation. Whatever it may be it is better you can file a petition before the MACT at Bangalore for Compensation.
Dear Sir,
It is not known whether it is insured or not. If insured you can get huge compensation though he was not holding DL. Documents may be shared for further suggestions.
From examining all the facts of your query I want to say that-
These cases are very common in various Courts of India and Supreme Court of India. I can understand your concern in this regard. Supreme Court accepted the recommendation of court-appointed committee on road safety to increase the minimum compensation from existing Rs 25,000 to Rs 2 lakh in case of death in hit-and-run case and asked all stake holders including Centre to hold consultation for framing a scheme of payment. Bench of Justices SA Bobde, Deepak Gupta and Vineet Saran said that the present amount of compensation is too less and the law should be amended to enhance the amount and said that recommendations made by the committee headed by its retired judge Justice KS Radhakrishnan was reasonable and it could be implemented till the law is amended. As per the report, a minimum compensation of Rs 50,000 should be paid for grievous injury in a hit-and-run case.
Application for grant compensation can be filed before the motor vehicle claims tribunal having jurisdiction of the area/place where accident took place or where the claimant resides or where the owner of the vehicle resides.
Please understand that the 1988 Act provides for enhanced compensation for hit and run cases as well as for no fault liability cases. It also provides for payment of compensation on proof-of-fault basis to the extent of actual liability incurred which ultimately means an unlimited liability in accident cases. It is found that the determination of compensation takes a long time.
Detailed discussion is required in such cases with complete facts and circumstances of the case.
You may contact my secretary to connect with me for clarification.
Gopal Verma,
Advocate on Record & Amicus Curiae,
Supreme Court of India
The criminal Court will focus on punishment. For monetary compensation you need to approach mact Court. If you settle with him he may provide you some compensation
The trial court will sentence him. For compensation file a case in the MACT.
Of course, file a case under MV Act.
- Legally , you can claim compensation after filing a claim petition before the MACT court in Bangalore.
- Since, he was not having a valid licence at the time of accident , then court can pass order against him for convicting him.
