[SNOWY227]

Recently, a relative of mine was involved in an accident. My relative was driving his SUV on a national highway, well under speed limit too and a 75+ year old man without a helmet or anything, decided to suddenly change lanes from extreme left to the right. My relative was already towards the right lane and tried as much as he could to avoid a collision, but the old man ended up hitting the left mirror and side of the car, and eventually died after a few hours in the hospital. My relative had immediately called an ambulance and sent him to a nearby hospital and tried contacting the police. But due to no reply, he drove the car to the nearest police station and informed the incident. Then he helped the family shift the patient to a higher centre, took care of all the bills out of goodwill and everything, but the man didn’t survive. Then the old man’s family were demanding compensation, an absurd amount initially , but later came to an agreement and were paid too in the presence of the police . The police who weren’t even in the scene, have written “Rash and Negligent driving and over speeding” in the FIR. When questioned about that , they replied it is to help the victim get the insurance money making it seem as the SUV’s fault. Now the lawyers have told my relative that there will be customary process in the courts and nothing to be worried regarding any imprisonment or fine. The case is filed under Section 304(A) if I’m not wrong. But I am very scared and skeptical for him. Please give your insights on this.

[tikku.dk]

Originally Posted by SNOWY227

. The case is filed under Section 304(A) if I’m not wrong. But I am very scared and skeptical for him. Please give your insights on this.

He will get summons from concerned Magistrate court which is in charge of the police station, where crime was registered. If the police refers charge, citing no evidence, no worries, if there is a charge filed against him, need to took bail from court and contest the matter seriously, in addition expect another Motor Accident Claim case, if the vehicle was insured and driver has valid license, need not to be worried about the claim case, your lawyer will take care of that. if your relative paid the hospital bills, keep originals with him.