Accident by me on national highways
7 months ago
So on a national highway ,A 5yr old kid suddenly came from divider side of road on NH ....got hit by my car..I took him to nearest hospital from which he was transferred to higher centre , I took him to that too.... I made sure kid was doing okay and given the emergency care he needed, as I m a doctor ... eventually i admitted the kid to a best multi-speciality hospital and left from there , after someday the different unknown people started calling me from different numbers and harrassing me.....so i stopped picking there calls.... Eventually they moved the kid to different hospital......latter I got to know that kid has recovered.... After a month I got a call police station that a case has been registered against car owner (who is my brother, who was not present at the incident for drunk and driving.) . He can prove that he was not present at the incident ,as he was traveling through the flight that day...so can they again file complaint against me again ? They kept harrassing on phone for money...on the day of incident also many villagers nearby surrounded our vehicle damaged it by beating it......and they try to restrain me and my mother there, not allowing us too take the kids to hospital....after lot of convincing and few people there made them understand....after which they allowed us to go...what can they against me legally...plz guide me .....I live in different state.... police has not provides us any fir copy ....can they seize my car, if yes how can I prevent it?
When you get a call from the concerned police station, it means that an FIR for the motor accident is lodged against the registered owner of the vehicle u/s.279 and 337 of IPC. Section 279 of the IPC applies exclusively to rash and negligent driving in public ways that endanger the lives of others. If, on the other hand, the driver causes death or physical harm to another person, he or she is punished under Sections 337 and 338 of the Indian Penal Code. Both the offense is bailable. So, on receipt of a call from PS, you need to obtain a copy of FIR and a Notice/summon issued under Sec.91 of Cr.PC to the registered owner of the vehicle for the production of documents/evidence including seizure of the vehicle required for the purpose of investigation or, Inquiry into the alleged motor accident either personally or by authorizing an Advocate experienced in Motor Accident Claim matters. If the matter is not resolved out of Court, then you have to contest the case and face legal consequences.
1. Case against the car owner (your brother): Your brother should provide the necessary evidence to prove that he was not present at the incident, such as flight tickets or any other relevant documentation. This evidence can be used to counter the allegations of drunk driving. Your brother should cooperate with the police investigation and present this evidence to establish his innocence.
2. Harassment and demands for money: Harassment and extortion are serious offenses. It is crucial to document any evidence of such harassment, such as call records or messages, and report it to the police. They can initiate action against the individuals involved in harassing you. Consult with a lawyer to understand the specific legal options available to you in your jurisdiction.
3. Legal actions against you: As the driver involved in the accident, you may face legal action. However, since you immediately took the child to the nearest hospital, ensured they received emergency care, and eventually admitted them to a multi-speciality hospital, it showcases your responsible behavior. This can be used as a defense to show that you acted in accordance with your duty as a doctor and a responsible citizen.
4. Seizure of the car: The police can seize a vehicle if there is a legal order or if they find evidence that the car was involved in criminal activity. To prevent this, cooperate with the investigation, provide all necessary evidence, and present any defenses available to establish your innocence.
Thank you.
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