- This topic has 51 replies, 36 voices, and was last updated 1 year, 4 months ago by
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UMy father (65M) was hit by a bike while crossing the road. He sustained severe injuries on his brain and after a week in ICU, he finally passed away. The passers by, on the day of accident, had nabbed the driver and taken pictures of him and bike. We have identified the driver (name).
We have lodged an FIR with the police but there was no mention of the bike driver in the FIR. The particular section in the report was left as ‘unknown’ despite the police themselves nabbing that guy at the time of the accident. Only the bike number is mentioned in the report. Not sure if this was intentional by the police and whether they may have been bribed to leave out the name.
The total hospital bill came upwards of 7L compounded with the traumatic loss of my father. We have talked to a few lawyers who have assured that we may get justice (in form of compensation). However, I have read from a few Reddit posts of similar situations where the lawyer themselves were bribed to turn the case. Now I am not sure if we would be served justice and don’t know if anyone can be trusted at all. Wanted to check how probable it is to win justice in such cases (accidents resulting in death)?
P.S.- I do not care about the compensation since the greatest loss we are bearing (loss of life) cannot be compensated now. However, there should be some accountability for this accident which had landed our family in such a terrible situation.
Location of the accident was Noida
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UWe filed the FIR on 30th Jan. Received the copy on 1st Feb. Father passed away on 31st Jan. police and lawyers say it will game upto 90 days to file chargesheet.
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U90 days is the maximum time prescribed. Its not an ‘upto’ period. You can ask your lawyer to file a ‘complaint’ case.
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UYou can go to Prime Minister Modi’s house, but the police takes 60-90days, sometimes 90+ days and they’re not going to make an exception.
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ULode tabhi I said a complaint case. Jab pata na ho toh muh nahi kholna chahiye. To know about a complaint case , find your lawyer.
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UI apologise if I’m being a pest here but I’m desperately looking for some advice (my case actually appears laughably small in comparison to the ordeal OP’s facing and that’s why I feel a bit guilty about hijacking this thread).
[I myself was subjected to a hit and run just last week.](https://www.reddit.com/r/LegalAdviceIndia/comments/1inoblw/experienced_a_hit_and_run_plate_number_known_fir/) After much ado, I was finally able to get an FIR registered with the vehicle number. Thankfully we avoided any major injuries due to seatbelts but even with an insurance claim, expenses out of my pocket are in the region of ₹15K for virtually no mistake of mine. The policeman who took my FIR was very reassuring of arriving at a settlement with the other party for covering me repairs but he suddenly turned today. The police (as can be seen in the linked posts) **seem** to be acting in bad faith. I sought some legal advice and they told me that without injuries, a third party insurance claim isn’t worth it and that I should try for the settlement route through the policeman.
It just seems that I’m being found out due to not having sufficient knowledge as well as understanding of legal processes. All I want is for the offender to fix my car, nothing else. Is there anything I can do?
P.S. If my post is unwelcome in/inappropriate for this thread, please let me know, I’ll delete it. But I’ll be obliged if someone could point me in a direction where GOOD advice would be forthcoming.
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UAnd our police and politicians are worried about a dumb statement of a comedian. This country is insane
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DBro it’s not dumb. Mfr abusing mon son relationship under the name of dank. Mfrs needs to learn a lesson.
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WJust like you have the choice to look the other way when a crime happens around you. Good citizens don’t let such things pass.The content was highly objectionable and should be punished. This thread is for someone else’s issues. Take your rant elsewhere.
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UHow will you decide what is objectionable? Who will decide? Should a girl wear full body clothes or she is allowed to wear something “modern” the thing is, sir, you don’t get to decide what is correct and what isn’t. Because what’s okay to you isn’t to others and that’s the problem of moral policing. Everyone has different morals.
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UI am sorry for your loss. Unfortunately, the conviction rate in death by accident cases, i.e section 106 BNS, is very low. Almost all FIRs mention the vehicle number and not name of the driver for the sole reason that it helps in your claim action in the MACT court. I am sorry for your terrible situation, but getting criminal liability affixed would be tough.
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S>Almost all FIRs mention the vehicle number and not name of the driver for the sole reason that it helps in your claim action in the MACT court
Can you explain a bit more on what you mean by helps your claim claim in the court?
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UWhen you file a compensation/claim, the liability generally shifts on the insurance company if the vehicle is insured. So if you have the vehicle number, you can find out which company has insured the vehicle, thus helping your claim in the MACT court.
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SDo you guys have access to CCTV footage of the accident? If yes, then it will definitely help you guys.
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UWe would have to source it from the nearby shops. We tried asking the shopkeeper earlier to provide the same to us but he denied. I guess we may need to give them some money. Apparently the other party also reached out to them for the CCTV footage but didn’t get (as per our knowledge). Not sure if we should offer money to get the footage.
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UCondolence for your father.
One of my employees father was involved in an accident in 2011 where he on his uninsured bike hit another person who suffered injury.
Tribunal gave the judgement in December 2024 and the guilty party ( employees father ) was fined 9 lakh + another 9 L as interest from the date of accident. The guilty party had already deceased in 2021 however my employee who inherited the property of his father was served a notice and told his property ( inherited) will be put on lien unless he pays the fine.
I understand from my lawer friends that although criminal liability ceases on death, the civil liability is passed onto heirs.
Now they have put an appeal to high court for some relief on interest charges. This would probably drag on for a few years.To summarise – you will get the compensation but it’s not coming soon.
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UCall 1516, ask for legal aid, they will connect with you, explain everything. If they had nabbed the accused and still did not include his details, it is obvious they are being paid under the table. Also, someone mentioned about complaint case, that is also the way to go if none of the options are working. Hire a lawyer asap.
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UHey, Sorry for your loss.
I’m also in a similar situation
I met with a bus accident(I’m a passenger of the bus) in May 2024, Had severe injuries and it costs all my savings. FIR lodged on the bus operator and driver.
Severe lawyers contacted me that they’ll file a case and offered me to give the fee as a certain percentage after getting the compensation.
Even the lawyer tried to give me 1L for hospital expenses, i haven’t taken that though.
You do not need to give the money in advance some lawyers are there, They’ll ask a certain percentage like 15-20% of the claim amount. They try to get you the maximum claim amount.
If the bike has insurance, You’ll definitely receive a good amount of claim.
Hope u find a good lawyer!
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UDid you get your claim?
I am also in similiar situation like OP. My father died in a road accident. I am also apporached by few lawyers but haven’t started the process yet.-
UNo, It’s still in the process. It’ll definitely take around 2-3 years but the compensation will be given with interest!
Just think like invested in Tax saver funds 😅
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