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Karan J (None)     16 November 2011

Car accident

Hello to all the worthy members here...I am working in a life insurance company as area head. 2 days back i was returning home from a business tour when the first vehicle in the convoy of an army officer hit me from behind at a highway and badly damaged my new car. I was driving with utmost care and was at a speed of around 70 km/her and the army car that hit me from behind me was at a speed of over 100 km/her. I came out of the car and confronted the driver. The officer who was seated at the back seat told me ''Can't you see I am from army?'' I politely told him that I respect him and his institution very much but his driver's reckless driving has caused me huge loss and that I should be compensated. In the meanwhile 4 army jawans who were sitting in the jeep that was behind the car that hit my car came out. The officer gestured them to teach me a lesson and rolled over his window. They started hitting me badly in the chest and on my head with fists. When my wife came out she was also slapped by one of the jawans and they drove away leaving me bleeding. I went to the police and they have registered an FIR for causing hurt but when I talked to the police officer in the morning, he told me that it would be very difficult to take further action as when they went to arrest the accused the army did not let them enter inside their area. I want to know from all of you what can i do to remedy this situation. I want to see the army personnel who bled me and hit my wife getting punished under law and me compensated for the monetary loss that was caused to my car. I would greatly appreciate any help on anyone's part.



Learning

 7 Replies

Arvind Singh Chauhan (advocate)     16 November 2011

You need not to worry, give your statement carefully to police and also about misbehavior with your wife.

It is the duty of police to arrest him. Police may inform it's higher authoritities and higher army authorities also, regarding trouble in arresting the accused.

They can't escape from law. If the charge sheet is filed  court will summon them accordingly.


(Guest)

Report to the Army HQ, he'll be Court martialled.

Karan J (None)     17 November 2011

I have already talked to the CO of the concerned area but he too is supporting the version of his officer. The army authorities have manipulated the entire story to get away from the hook. They are now alleging that i abused their officer(which I did not) and that none of the jawans thrashed me,whereas I still have injury marks near my neck and also on my arms which were caused by the merciless beating that was given to me by the jawans on the instruction of the officer. When the police went to arrest the concerned army personnel they were denied an entry in the cantonment and the army has brazenly and shamelessly told the police to do whatever it can but they will not handover their men to the police. I want to bring the concerned army officer and his men to book but i feel mighty  helpless to deal with this situation. Is their any rule of law in this country or the law exempts a man in army uniform from prosecution for such an act? Someone please tell me what should i do and whom should i approach.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     17 November 2011

No mushqil,

 

File the case in court directly, they would have to take action.

 

Army Act only restricts arrest w/o the permission of CO, it doesnot mean that they can not be prosecuted.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


(Guest)

Dear Karan , go higher up than the C.O mentioning all facts. If you go to High Court then you'll certanly get favorable directions and in six months including you will forget the entire matter since any action that'll be taken will be too slow. You'll sulk for some time but will forget it too. Imagine a near relative who died, people forget him/her after some time. So go higher Authorities in Army ,Keep appealing there. The Army officer will not pay all expenses but will be Court Martialed also.

Karan J (None)     24 November 2011

@ all

I filed the complaint in the court and the court issued summons against all the jawans and the officer i named therein but when the serving officer went to serve the summons,the army again denied them entry in it's area and have refused to take the summon. What should i do now?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     25 November 2011

No mushqil, next date the court would send warrants.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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