Dear All,
A few days back I was travelling in my car towards the Mumbai Pune Expressway from Somatane phata exit. Its a totally blind turning where the speeding vehicles towards the expressway cross the low speed vehicles which are enroute towards somatane. I was trying to take a turn through that point and a lady travelling in her two wheeler hit my car on the side and she fell down and she sustained two fractures on her forearm. I took her to the hospital nearby and later on her husband demanded that I should pay the whole amount of her hospitalization. The estimated amount was a hefty Rupees Sixty thousand (60,000) including all expenses. I had to pay up the amount in advance to the hospital due to the pressure from their family and it was mutually decided that they would not report to the police or file a FIR against me.
Now, in case I need to get this amount reimbursed by my car insurance against the third party damage claim, I would need to get a FIR filed, and this case be taken to the court where the victim demands money from me regarding his claims, later on the copy of this court case and the FIR and other relevant documents needs to be handed over to the insurance company for final settlement. (as informed by the customer care team of my insurance company) Later on the vicitm shall be handed over the claimed amount as decided by MACT.
My query to you all experts here is:
a) In case of filing the FIR, would I be booked against negligent driving if the victim changes his mind (or is coaxed by the police) and presses charge against me. Is this a punishable offence. Will my licence be confiscated? What shall be the exact procedure of court in case this FIR is filed.
b) In case the victim after receiving the amount changes his mind and refuses to pay me back the amount (which can be possible), is there anything I can do except requesting him for refunding the advance payment.
c) In view of the above queries, I am unable to judge whether the FIR / intimation is really advisable in this case or not, however the amount is hefty and very hard earned and is costing me a fortune.
Please do advise me with your valuable replies.
Thank you so much for reading across
Regards
Subhankar Nag
Pune.
