Bike acciden- drink and drive
2 years ago
Hi All, My friend met with an accident with pillion. Both was drunk . But pillion is very serious and the driver was less injured. His bike caught by police and parked in police station. The pillion is hospitalised and undergone brain surgery, now he is in coma in ventilator. In police station FIR of drunk and drive lodged against driver. So, now driver is very tensed and in depression. He wants the legal advice for the above case. & What will happen if the pillion expires. Please guide on this
Till today death has not happened so it will be a normal case of 279, 337 and 338 of IPC read with other sections of Motor Vehicles Act. The drunken driver need not worry so much. Even if pillion rider died then 304A of IPC will attract which is also a bailable offence.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
Currently, Section 185 in The Motor Vehicles Act, 1988, makes driving under the influence of a criminal offense in India. ... Second or subsequent offense, if committed within three years of a similar offense, is punishable with imprisonment for a term of up to two years and/or with a fine of three thousand rupees.
Also in any case the pillion dies they his family members could file a case against rider under section 304A of IPC. Although if if both of the riders were drunk then it will not be a strong case from their end.
Thanks
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Drunk driving or driving under the influence (DUI) is a criminal offense in India under the Motor Vehicle Act.
Currently, Section 185 in The Motor Vehicles Act, 1988, makes driving under the influence of a criminal offense in India. As per the Motor Vehicle Act, driving by a drunken person or by a person under the influence of drugs is punishable for the first offense with imprisonment for a term of up to six months and/or with fine which may extend to two thousand rupees. Second or subsequent offense, if committed within three years of a similar offense, is punishable with imprisonment for a term of up to two years and/or with a fine of three thousand rupees.
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It is a serious offence committed by the driver. When a pillion rider is sitting he or she expects their driver to take wiser decision while driving.
With the increasing amount of drink and drive case the law has become really very strict, for this incident, he can will undergo charges from Motor Vehicle Act 1988, Traffic Department, IPC.
The driver can have a jail for upto 10 years. If the pillion rider dies the driver can be found guilty of Culpable Homicide (sec 299 IPC),
304 A IPC causing death by negligence.
However, in case the family members claim any insurance amount it has to be determined as per the provisions of insurance. In case of a recent judgement, the dead pillion rider was not paid a claim for such death by the driver.
For now, you need to contact a lawyer for your defence and if all the medical tests as well the breathalyser as per the 203 and 204 sections of the Motor Vehicle Act is confirmed, then you have to face a lot. It is wiser to contact an advocate, and prepare for bail (if required)
Thank you
Lucem Leg
Responded 2 years ago
A.Dear Sir,
If the FIR is lodged against the driver, then, a criminal case trial will start against him and also the person who is hospitalized his family members can also claim for the compensation from him by filing a case against him before the court.
Kindly revert back if you need any further assistance.
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