Legal Question in Criminal Law in India

Accidental death of my mother

My sister was driving the car to Mysore when we had an accident at 9.30 p.m and my mother expired. A bus came from the opposite direction with a flashing head light and Our car hit the tractor on the Bangalore-Mysore highway. I was made the complainant and My sis was accused for ''rash and negligent driving''. The tractor driver is also made a party to this case but it is my sis who is been accused. Now the case is going on at Maddur court, There is no other witness other than me. All others came to picture only later, just for the formality. Though the case has proceeded and I have given my verdict against my sis being accused, i wish to stop it right away. From the beginning we didn't wish to claim any insurance for my mom's death but we have managed to get the car insurance. It is sad as I have been told by my lawyer at Maddur that the case will not be closed until and unless all witnesses are heard. We are made to go every time from Bangalore-Maddur just for this sake. I feel it is a dead case as no one is blaming anyone because it was just a fatal accident. We are being made to tell lies from our lawyer(to defend the case), I find all this unnecessary. Could you please help me with what should be our next course of action. Thx.


Asked on 7/09/04, 6:48 am

2 Answers from Attorneys
G B SABARI DAS R.SUBRAHMANYAM & ASSOCIATES

Re: Accidental death of my mother

It is not clear as to who is the complainant whether in the State or by you. However you have stated that you have been arrayed as an complainant and your sister is made an accused based on your complaint. If it is so then you may seek the Court permission for compounding the offence under sec.320 of Crl. Procedure Code read with Sec.337/338 of the IPC. If the Court feels satisfied your compound it may close your case as compounded. Otherwise, the complaint is based on prosecution by the State then the only option is to defend your case to get yourself relieved and your sister been acquitted in the case.

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Answered on 7/12/04, 1:20 am
Verender Kumar Nagrath LegalEx Box

Re: Accidental death of my mother

Please let me know

whether your sister was having valid & effective driving license at the time of accident?

Whether your car was insured on the day of accident?

Whether Bus was insured on the day of accident?

Whether Tractor was insured on the day of accident?

Besides this, In the mean time your sister should file immediately a complainat to higer police authorities stating that your sister was not negligent at the time of accident, challenging the version of FIR. It will be possible if she was having license

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Answered on 7/10/04, 11:19 am


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