Hello Experts,
I hereby place two situations infront of you for which i would like to know your opinions on what would have been the ideal way to respond
Situation 1:
Jay Prakash Singh and family are travelling on the road returning from their home town on a National Highway on his car at 21:30 hours. It was raining heavily and all of a sudden a tree branch falls on the road infront of them.
To avoid a crash, JayPrakash hits the brakes suddenly and manages to stop just before the tree branch. But the Tata Ace which was following him on the very same lane hit the rear of the car and caused a big damage.
JayPrakash wanted to file an FIR to claim for damages so dialed for police and there was a police who came on his vehicle and took both the drivers to the police station(JayPrakash's entire family consisting his wife and two kids are in the police station now). They asked each others statement and the pleading from JayPrakash for an FIR copy.
Here the police said it would cost them 5000 RS to file an FIR. Perplexed by this demand, he asked reasons for the demand and they asked him to wait for his superiors to come. Then after some time, he said he does not have so much money for which the police asked him to go arrange for the money if he needs a FIR copy
He then called up his relative who came with the money to the station. He collected the money from the relative and sent his wife and kids with his relative as he felt it migh be unsafe for them there at this time. Then he paid the money to get the FIR copy
1. Now in this place, what other alternatives did JayPrakash Sing have (from a comman man perspective) ?
2. Given this situation what would you have done as a lawyer ?
Situation 2:
Ramki and family are travelling on his car driven by Ramki himself (the owner). It was a free left, when he tried to take left at a signal a van from behind squeezed in the space and put a dent on the back of his car
Ramki has heard before that on any road accidents when happened, not to move the vehicle from its initial position till the police arrives to judge the scenario. So he got down the vehicle and was looking at the damages and wanted to wait for the police but since it was a signal, the vehicles behind him started honking and shouting.
1. Now, what should he do to proceed legally (from a comman man perspective) and claim from the Van's insurance ?
2. What would you do if you were in his position as a lawyer ?
