What is the punishment and penalty for car owner in case of victim's death?
As per the provisions of section 304A, whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.]
Can the car owner be arrested in this case?
Yes
What is the legal process has to undergo in this case?
Face the trial.
2) In case of victim's injury:
- What is the punishment and penalty for car owner in case of victim's injury?
Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
Can the car owner be arrested in this case?
Yes
What is the legal process has to undergo in this case?
Face the trial.
3) In case of damage to other vehicle:
- What is the punishment and penalty for car owner in case of damage to other vehicle?
If the insurance policy is in force, the insurance claim may be made for repair and compensation of damages to vehicle.
- What is the legal process has to undergo in this case?
Nothing, the insurance company will take care of other things.
4) In case of damage to other property:
- What is the punishment and penalty for car owner in case of damage to public/private property?
- What is the legal process has to undergo in this case?
Refer to answers to Qs.3
5) What should the car owner do just after accident with any person/vehicle as per law?
He has to inform police with a complaint or otherwise.
6) What is the penalty for car owner if it's driven by his driver with valid license in case of victim's death/injury or damage to other vehicle?
Refer answer to first question.
1) When an accident can be called due to rash and negligent driving and what is the punishment?
Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
2) Can police file death due to negligence in all cases where victim dies?
Yes
3) What evidence car driver should have to prove his innocence?
Whatever he relies upon, nothing can be predicted on this.
4) How many percent of road accident cases in India driver gets punished?
Almost 90% or above
5) Does car owner has any liability towards victim's family in case of his death/ injury even if car is insured?
The Insurance company will pay the insurance death claim.
6) Do police seize car and file FIR after any accident? How many days takes to get back the car?
after 15 days.