Venkat K
in Criminal Law
Asked November 08, 2017

Father died in an accident with a drunk driver queries regarding criminal case

  • 1 Answer
  • 140 Views

My father met with an accident and died due the opponent drove rashly and he was drunk. We have few query related to this issue, 1)How can we know about whether charge sheet filed or not? 2)How to get a copy of charge sheet? 3)Since IPC section 279 & 304A is filed, who will be looking after the legal proceeding towards jail term for accuse? 4) Does PP involves in this case? If, then how to know who is the PP involved in this case? 5)If PP does not proceed properly is there any chance for accuse to escape from jail term or reduction of term period? 6)How to get compensation in this case? 7)Does PP help on to get compensation? If not can we arrange a separate advocate? 8)If PP fails to proceed properly in getting the jail term for the accuse can our advocate help to get the jail term for accuse and further compensation to us? 9)How much can we get a compensation in this case? My father age 64 and got a pension of 25k/month? 10)Can we file a case in court for compensation before charge sheet is filed in court by police? 11)The accused was drunk and it has been not mentioned in FIR, does it help affects the victim if not mentioned in FIR?

Answer 1

Firstly I thank you for posing such beautiful questions which may be treated as FAQ's in the matter of motor vehicle accident and compensation. I will try to answer your each question as follows:

1)How can we know about whether charge sheet filed or not?

Please approach either to concerned jurisdictial police station or local Magistrate Court and get a copy of charge sheet free of cost as your the legal representative of deceased person who died in accident. 

2)How to get a copy of charge sheet?

Please approach either to concerned jurisdictial police station or local Magistrate Court and get a copy of charge sheet free of cost as your the legal representative of deceased person who died in accident. 

3)Since IPC section 279 & 304A is filed, who will be looking after the legal proceeding towards jail term for accuse?

Usually and always the Assistant Public Prosecutor will look after criminal case on behalf of you free of cost as it is a State Case. 

4) Does PP involves in this case? If, then how to know who is the PP involved in this case?

Approach the Local Court and you will get to know about the PP who will be incharge of your case.

5)If PP does not proceed properly is there any chance for accuse to escape from jail term or reduction of term period?

Yes there are chances, you may take copy of charge sheet and approach all the material/eye witnesses and other witnesses including investigation officer to give evidence in respect of actuall accident and help you.

6)How to get compensation in this case?

You have to file separate claim petition under Section 166/173 of Motor Vehicles Act, 1988 through an advocate in appropriate Court against the person who caused accident and insurance company of that vehicle which caused accident.

7)Does PP help on to get compensation? If not can we arrange a separate advocate?

PP cannot help you to get any compensation. He looks after criminal case and see that punishment is awarded to the accused that is the person who caused accident. You have to approach separate advocate and get file a claim petition for compensation under Sections 166/173 of Motor Vehicles Act, 1988.

8)If PP fails to proceed properly in getting the jail term for the accused can our advocate help to get the jail term for accuse and further compensation to us?

Normally No. In usual Courts the prosecutor cannot be withdrawn by the State. However under exceptional cases court may grant permission to you under relevant provisions of Criminal Procedure Code, 1973 to engage a private advocate who shall be permitted to assist PP. 

9)How much can we get a compensation in this case? My father age 64 and got a pension of 25k/month?

It depends upon life expectancy of deceased and his total earnings on the date of his death. You have to prove the total earnings of deceased per month. There is a formula to calculate compensation. If formula is applied the remaining period of life expectancy of your father will be taken at 6 years which will be mutliplied by the total earnings of deceased less one third towards his personal expenses. Your father's income may be taken at Rs. 24,000 and out of which Rs. 8,000 will be deducted towards its personal expenses. Remaining amount is Rs. 16,000 per month which shall be multiplied by 72 that is 12x6 = 72 (months). Thus compensation may be approxiately Rs. 11,53,000. But usually the courts may not accept and may not award such huge compensations. Certainly you may get total comoensation around Rs. 8,00,000.

10)Can we file a case in court for compensation before charge sheet is filed in court by police?

No. 

11)The accused was drunk and it has been not mentioned in FIR, does it help affects the victim if not mentioned in FIR?

No problem, negligence of the accused will be taken in to consideration. Compensation cases doesnot required 100% proof of accident, only probability of causing accident will be considered provided there is no contributory negligence on the part of other party that is deceased/victim.

Draft petitions will be prepared by me on payment of professional nominal fees.

 

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