We need to know the date of Chargesheet.
You can also file a petition before the Police in writing to inform about the death and asking them to amend the FIR etc.
If they do not amend you can also approach High Court for a direction.
Thanks
Road accident of my father - insurance claim
My Father met with Road accident on 11th Feb 2017 , he was riding in bike and hit by Car. FIR filed in under section 279 & 337. Fathers Condition : Due to severe head injury, he was admitted and undergone head surgery. He didnt get his conscious back, and was in Comma. About 4 months he was in hospital continuously at comma stage. As per doctor advice, we have been asked to take care of him at home as my father got high infection of Bedsores. Then we have been taking care of him at home, at comma stage with the support of home visit doctors / nurse. On 18th August 2017, he passed away at the comma stage itself. I had called phone to police station on same day 18th Aug 2017, where the Road accident FIR is originally filed and informed about his death to know if we need to proceed with postmortem. Police had informed us, if the death happened at residence then no need of postmortem and we shall proceed with our burial formalities. we did the same as per instruction. Now in the month of May 2018, we have been contacted by insurance company that in order to claim the insurance we need to submit a copy of Police records that Death has been registered under 304(a). I contacted police station to get the above information. However , they have told final charge report has been filed with section 279 , 337 & 338. Whereas Insurance company is insisting that without having recorded under 304(a), insurance cannot be claimed. Date of Accident : 11th Feb 2018 Date of Deceased : 18th Aug 2018 Deceased at residence in comma stage. Below are my Questions, a) How can i proceed further b) How can i proceed legally to amend the police records to reflect 304(a) ? whereas my father is already deceased, but police records show just injury.
Asked 6 years ago in Criminal Law
Religion: Hindu
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15 Answers
Please understand if the insurance company refuse to pay the compensation you can go to the ombudsman claiming the same. However, we do not know as to whether you approached the motar accident claim tribunal or not. Although, it is a separate set of proceedings but you could have claimed monetary benefits even in that proceedings.
Your matter needs detailed discussion.
SHRI GOPAL VERMA
ADVOCATE ON RECORD
SUPREME COURT OF INDIA
Dear Sir,
It is a very strong case and file an application before the concerned court to amend the charge sheet and insert 304(a) IPC. If it rejects then approach the HC and then claim compensation from the Insurance Company. In the meanwhile get issue a legal notice to all the concerned including police.
You can get claim as death of your father is out of the said accident, and there is no need of post mortum certificate or FIR under 304 - A of IPC, and it is up to you to establish your case that death of your father is out of the said accident, and the madras high court supported the said contention IN THE HIGH COURT OF JUDICATURE AT MADRAS on 10.09.2013 by THE HON'BLE MR.JUSTICE C.S.KARNAN C.M.A.No.2126 of 2006 between The New India Assurance Co. Ltd., Mettupalayam versus Kamalam and others.
There must be FIR for the road accident. You need to approach the magistrate court to add further section. It cannot be replied without seeing the documents as what exactly you need to do. Please visit some lawyer and ask for his advise after showing the documents.
In this case you need to write a letter to the police about the same and also file an application in court to add the charge of 304(a).
1. There are Judgments which state that the victim and/or his family members can face repudiation of insurance claim for inaction of police.
2. Understand that you have already lodged the insurance claim.
3. Now approach the police to add the section 304 of IPC against the accused.
4. If your said claim is repudiated by the Insurance Company for the absence of sec.304a of IPC to be registered by the police, file a complaint case against the said Insurance Company alleging deficiency in service and unfair business practice cliaming the said amount with interest, damage and cost.
The police have to file an additional FIR or charge sheet as the death has taken place after filing the charge sheet.
It is for the police to amend the charge sheet once the death has been notified.
1. Did you bury or cremated the body?
2. What does the medical records state?
Even if death occurred at residence and if it is of suspicion that the death would have occurred on account of the imminent injury, then, post-mortem should have been done. Police cheated you as you wouldn't have paid them money. Had you had paid money to do their job, they would have invoked even murder charge.
Respected Advocates, Please find below further details, 1) As per our formality we have buried our father 2) At the instance of death, doctor checked and certified that , father passed away in comma stage due to cardiac arrest 3) After notifying through phone call to police station on the same day of death (18th Aug 2017). i visited police station in person on May 2018 and gave in written along with Death certificate to record my fathers death in the FIR and update with section 304(a). But at police station they have denied that nothing can be changed. They said no such procedure they are aware of. And asking me a question, why you have not done postmortem and why have you not informed police station. Whereas i did called and informed, and followed their instruction. Now they are denying, that i have not done so. 4) This insurance which we are progressing is PMSBY. I am yet to raise MOTOR accident claim. Accident happened on 11th Feb 2017 , Thiruvannamalai high road part of Tamil Nadu. I have complete Medical records of my fathers condition. We are undergoing extreme pressure and extreme emotional. As i have got money from various resources to help my father, he had undergone Head surgery the skull has been removed. Complete half. Taking care of him in Comma, along with Bed sore. Believe me sir, my mom, my younger brother and two sisters all have still undergoing lot of suffering. I have debts to repay back, the interests of debts are still increasing which i couldn't afford. My whole family is relying on my Earnings only. Whoever advocate approaches to help me, i will ensure to pay their fees from the claimed amount. somebody please help and guide.
Asked 6 years ago
I understand your predicament!
In one case Devender vs State on 18 October, 2011 decided by Delhi HC, initially s.279 was invoked when the victim sustained injuries and subsequently converted to 304A when the victim died. The police has powers and can do it. In this case, they are reluctant as you have not paid them.
You can write a complaint to the inspector and as well as to SP to attract their attention as to the circumstances in which your father died and to invoke necessary offences. If they fail to act, then, the only option is to approach the HC to get a direction to modify the FIR by invoking the relevant provisions.
1. The moot point of PMSBY is given below:
"If an earning member of a family becomes permanently disabled or dies an accidental death, his or her family faces a life in penury and hardship, with no protection or support from any institution or group. By joining the PMSBY scheme and by paying a nominal premium of Rs. 12/- per person per year, he or she will get an insurance cover for a sum of Rs. 2,00,000/- (two lakh) in case of accidental death or permanent full disability or a sum of Rs. 1,00,000/- (one lakh) in case of partial but permanent disability."
So, it is clear that your father has become permanently disabled being in Coma for some time which has finally resulted in to his death and from all the legal angles, you are entitled to the said insured amount.
2. You shall have to file a complaint case before the Consumer Forum as suggested in my earlier post.
I AM VERY SORRY TO HEAR YOUR PAIN WHICH IS IRREPARABLE LOSS TO YOU.
YOU CAN FIGHT YOUR LOSS IN THE COURT BY FILING DAMAGES WITHOUT INSISTING THE POLICE AS THE CIRCUMSTANCES DO NOT PERMIT THEM TO FILL LACUNAS AND THE SAME IS FORBIDDEN BY LAW.
For addition of 304a in the charge sheet, you can file an application to magistrate court for addition of the new charge as the victim had succumbed to the injuries faced during the accident.
If Magistrate fails to do so, approach high court.
a) How can i proceed further
b) How can i proceed legally to amend the police records to reflect 304(a) ?
whereas my father is already deceased, but police records show just injury. - File protest petition against charge sheet.
The postmortem is not necessary if he is reported to have died at a later date that too four to five months due to protracted illness caused by the road traffic accident.
You can get in touch with a lawyer in the local who deals with motor accident claims cases alone, who will be able to guide you properly on all such further issues.
You will get the reliefs if your father is eligible hence dont lose your confidence.