Negligence of Uttar Pradesh Police

Respected Sirs,

Our car reached GT Road Bypass, Khatauli in Muzaffarnagar at 7.30 a.m., hit a car (Tata Indica) from the back side of our car. In the effect of the hit, the car in which we travelled, went and hit the back of a bus. The local public saved us by admitting in Muzaffarnagar Medical College around 30 Kms from the accident spot. In the accident, I sustained a major Spinal Cord injury, my wife sustained injury with her Pelvis bone with several fractures and consequent inner bleeding. My daughter’s nose bone was fractured. The Driver of our vehicle also had some facial injuries. After reaching the hospital the duty doctor informed the nearby Police Station (Mansurpur) and gave all required first-aid and adviced to shift all three of us to AIIMS, New Delhi. My wife got admission in AIIMS because she has to undergo one major operation immediately and her Spleen was removed. Sir, during our treatment in New Delhi (AIIMS and Max Super Speciality Hospital, Saket, New Delhi, where I had treatment and operation in my spinal cord). The concerned Police authority never visited us for taking our statement of the accident. Mr. Harishankar, the Car Owner never visited us atleast on humanitarian grounds. After 15 days of treatment I was shifted to my native place in Kerala for further treatment. I spent lot of money in New Delhi for my treatment with help of my Parents, who are retired teachers. Presently, I am a Quadriplegia Patient due to the spinal injury and is surviving with the help of my parents & relatives. Because of this accident I lost all earnings as well as working capacity. I am still under going treatment (Physiotherapy) at home. During my treatment period in the hospital (New Delhi & Kerala -2011-2012) I requested several times Mr. Harishankar to give details of Driver, copy of the Driver’s License, Insurance Details of the vehicle and the details of all the vehicles involved in the accident etc., enable me to file a claim for compensation. Although those details were not given, he behaved rudely and said “Jo thum kar sakthe ho.. oh kar” and abused me. I understand that as per Supreme Court Directive to Director General of Police of all States/U.Ts. The duty of the driver and owner of the vehicle involved in any accident causing injury or damage to any person is required to secure medical aid to the injured person, by taking him to the nearest doctor/hospital. HE SHALL REPORT THE MATTER TO THE NEAREST POLICE STATION WITHIN 24 HOURS, AND ALSO INFORM THE INSURANCE COMPANY ABOUT THE OCCURRENCE OF THE ACCIDENT, NAMELY INSURANCE POLICY NUMBER AND PERIOD OF ITS VALIDITY; DATE, TIME AND PLACE OF ACCIDENT, PARTICULARS OF THE PERSONS INJURED AND NAME OF THE DRIVER AND PARTICULARS OF HIS DRIVING LICENCE... But the driver/owner did nothing. Then, I tried to collect those details through Uttar Pradesh Police (Mansurpur Police, who acknowledged the intimation from the hospital. Khatauli Police - as the accident spot comes under the station limit, who received the information from the Mansurpur Police regarding the accident) for a detailed and certified copy of FIR, Driving License copies and driver’s details of the vehicles involved, MVI Report of the vehciles involved in the accident, Owner’s Name & addresses of the vehicle and insurance details of the vehicle involved in the accident. (which are mandatory documents for filing a claim in MACT). When I contacted the concerned Police Station, I came to know that there were no inquiry made by the police and they did not collect any of the required documents and not made the FIR or any entry in the General Diary of the Police Station. I submit to your kind notice that nothing happend. But the police made FIR after one and half years only when they got an instruction from Hon. Central Home Ministry. If the Khatauli Police inquired or visited the accident spot as soon as they received the intimation or the same day. They must have got all the details. I understand that under section 154 CrPC the Police officer must made a detailed FIR and collect all evidence and submit Accident Information Report (Form No.54) in the Accident Tribunal within 30 days of the accident. It was not done by the Police timely or they have to made atleast details in the General Diary in the Station this also not done. And after One Half years when the inquiry done by police are also ended because of a letter from Mr. Hari Shankar, owner of the vehicle. (Copy attached). DUE TO THIS NEGLIGENCE OF UTTAR PRADESH POLICE and THE OWNER OF THE VEHICLE, I am unable to file a claim for compensation. I spent more than Rs.10 lacs for our treatment. Still I am jobless and lost complete earning capacity. Therefore,

I pray your good self to kindly HELP A POOR FAMILY to get JUSTICE and for our existence.

Thank you.