My dad's Owner asking for damages of 10 lacs and threatened otherwise he will be in jail for life time. Please advise remedies at law that I can take to bring back my dad
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I'm sorry to hear about your situation. Under the Saudi Law, there are usually two main aspects to consider in such cases, namely criminal and civil liabilities.
1. **Criminal Liability**: If your father is involved in a road accident, there may be criminal charges involved, especially if there is any degree of negligence or recklessness involved. According to Saudi Arabia's Law of Criminal Procedure, specifically Article 35, an accused person must be informed immediately of the accusation issued against him and the right to request assistance of a representative. This implies that your dad has the right to a legal representative who can advocate for him during the proceedings.
2. **Civil Liability**: This relates to the compensation demanded by the car owner. In terms of Saudi Arabia's Law of Civil Transactions, specifically Articles 235 and 236, they stipulate that any harm inflicted unlawfully obliges the committer to pay compensation. As such, in the case of an accident, your father may be required to pay the damages. If he doesn't have the means then his company may have to cover them if his job involves driving.
For practical steps you can consider:
1. **Legal Assistance**: As per Article 4 of the Saudi Law of Criminal Procedure, every accused has the right to a proper defense. Engage a lawyer who is well-versed with Saudi laws to handle your dad's case.
2. **Insurance**: If your father has proper car insurance, you should get in touch with the insurance company. They should cover damages incurred in the accident, given that the necessary conditions set out in the insurance contract are met.
3. **Consular Assistance**: You should also contact the Indian embassy in Saudi Arabia. They can provide guidance and support during this challenging time.
Remember, each case is unique and all legal remedies depend upon the specific circumstances. It's advisable to involve a qualified legal professional who can provide tailored advice based on your father's situation.
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