Father dead in road accident
My father was crossing the road and he fall down suddenly. Immediately two people came and lifting my father during this time with in few seconds Innova car came with very high speed ~120 KM/Hour and deadly hitted and dragged my father on road more than ~750 meters from accident spot & My father passed away at spot.
Deadly hitted the two people and dragged my father on road more than ~750 meters from accident spot. [1-major,1-minor injuries and 1-dead]
(Accident spot)Sub Register Office -->(500 m) Police Station on left---> 200 M Gudivada Road left turn --> 20M Speed baker.
Seems they were no one in conscious and did not stop the car at register office after hitting people even they did not stop & reported the case at police station. It shows their state of mind and trying to escape the situation if no one stops/watch them. Public chasing them from spot by two wheeler and did not catch them before car was stopped because my father stuck’s between speed baker and car’s engine area. Car was not able cross the speed baker meanwhile nearby people screamed and they stopped the car.
Immediately Six passengers (police Constables) run away/escaped from that place in a few minutes. Even constables and driver did not find my father condition or did not help in process of take him out from under the car or did not try to take him to nearby hospitals.
Approximately 20 public people lifted the car and taken out my father from car engine area and found dead with half head & single hand. I hold my father head with left hand palm when they are taking to post mortar and it’s went inside of brine and eye.
According to public and our police staff information, Six constables were going to attend one of their colleague.
In this incident, one person had major injury on his forehead, second person with minor injurious and I lost my father. May be for few people my father is just a normal man but he is everything for me and to my mother. He use to sell corn near police station area from morning to till evening daily and hard to get 200/- per day.
A. Still my mind triggering, why police persons run away from that place immediately.
If they stop the vehicle at sub register office (accident spot) then my father might have been alive with injuries like other two injuries.
B. Might be Constables had drinks and one of them driving a car with high speed.
They might requested car driver to surround in police station behalf of them.
C. There is no clarity on CM Office car, why CCS constables were using CMO car or misusing govt vehicles which was bought/paying from public money if they were on unofficial duty.
FIR filied against car owner cum driver on same day Apr 29th 2016 -- 304A section
Post mortar report: victim - Drunk and lost left hand & head
Please advice how to proceed on this against police constable and car third party insurance.
Asked 8 months ago in Criminal Law from Vijayawada, Andhra Pradesh
1. The post mortem report seems to have been manufactured to protect the accused. You should move the High Court for a free and fair investigation.
2. A claim petition for compensation can be filed against the owner and insurance company to claim compensation for the death of your father.
1) since your father died in accident driver of the vehicle would be charged with offence under section 30$A of IPC for causing death by negligence
2)"The owner is liable if the act or wrongdoing ( driving rashly and running over someone) is under the consent or permission of the owner. Under civil and criminal law, the relationship between the car owner and driver is defined as 'master' and 'servant' and the master cannot be held liable for the wrongdoing of the servant, unless it is proved it was done under such consent or permission by the master.
3)legally, the onus is on the driver to rush the injured person to hospital for treatment. "The car owner may not be responsible directly, but he also has the moral responsibility to help in rushing the injured to the hospital if he's in the car or even other wise when he comes to know of the accident.
4)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
5)When the car is insured, the insurance company takes over the compensation liability.
6) you can file claim before motor accident tribunal for payment of compensation amount
The criminal case against the car driver shall be taken care of by the assistant public prosecutor about which you need not bother except to give evidence when summoned by the court or police.
For accident claim, you can file a claim case before MACT seeking compensation as per the rules and eligibility. Since this being a government vehicle, you may not be able to claim insurance because government vehicles are generally not insured, however you can drag the authority under which the vehicle is being controlled, seeking compensation.
You have two legal remedies.Act of negligence have become actionable wrong.legal representatives of deceased can file claim application in a prescribed format making driver, owner and insurer as party.
1. You can apply for compensation of death by approaching the motor claim tribunal . Meet a advocate who handle the MACT cases. Yearly Income Yearly expenditure on Deceased gives the sum expended on legal representatives. If this amount is capitalized subject to certain deductions, pecuniary loss to the family can be assessed. While improving the above formula Supreme Court in CKS Iyer’s case has stated that there is no exact uniform rule for measuring the value of human life and measure of damages can not be arrived at by a mathematical calculation but the amount recoverable depends upon life expectancy of legal representative beneficiaries. In the same period Lord Diploc has evolved Interest Capitalization method by calculating net pecuniary loss on annual basis and multiplied with number of years purchase. The Hon'ble Supreme Court of India with the development of accident claims has decided the landmark case of Susamma Thomas has started giving appreciation to the annual income of deceased.
Secondly contest the 304A case . You have to check the witness in the charge sheet and meet them personally and approach the Government pleader before starting trial.Eye witness and other witness say the incident and about the drivers negligence defiantly he will be sentenced by the court.