ACCIDENT U/S 279,338
aj
(Querist) 12 January 2009
This query is : Resolved
I WAS DRIVING SANTRO AND MET WITH ACCIDENT WITH A MOTORCYCLE AT T POINT WHILE TAKING RIGHT TURN.I TOOK HIM TO NEARBY HOSPITAL.POLICE WAS CALLED BY SOMEONE AND MLC WAS DONE SHOWING 3 FRACTURES.AN FIR WAS LODGED.VICTIM CLAIMS HE WOULD GET WITNESSES AND TROUBLE ME IN COURT.I HAVE VALID DRIVING LICENSE AND MY CAR IS PROPERLY INSURED.
1.HOW WILL LAW TAKE ITS COURSE AND HOW SHOULD I REACT?
2.WILL 2 CASES OF COMPENSATION AND CRIMINALIS LIKELY TOBE FILED?INSURANCE TAKES CARE OF COMPENSATION BUT DO I NEED TO APPEAR MYSELF AND APPOINT LAWYER.?WHAT IS LIKELY IN CRIMINAL CASE?
URGENT
H. S. Thukral
(Expert) 12 January 2009
You will have to respond to both cases. In compensation case if it was not your fault Insurer will pay to the claimant as per his hospital expenses and other compensation. The criminal case under section 279/337 of IPC shall have to be defended by you and probably with the help of a lawyer. The offence is compoundable and you can talk to the complainant about it.
PALNITKAR V.V.
(Expert) 14 January 2009
What Mr. Thukral says is quite correct. But if the vehicle is insured properly so as to cover damage caused to third party , then you need not appear compulsorily.
aj
(Querist) 14 January 2009
my car is insured.though it was not my fault,that complainant threatens me that he would produce witnesses to prove his case.when and for how much i am required to file a bail application and how tough would it be tofight my case?how can it be compromised out of court before case is filed in court(foolproof).what are the financial implications for me as he has suffered 3 fractures?
PALNITKAR V.V.
(Expert) 14 January 2009
let him file the case. you will get bail easily. Whether case is tough or not cant be told without knowing details of the case. normally, the accident cases are not that difficult for acquittal. I dont think that you will have to pay anything since insurance will look into that. If you go 4 compromise complainant will demand exorbitant amount. i think its better to face with patience.
Raj solanki
(Expert) 14 January 2009
these are bailable offences so you will get easily bail, but must need a lawyer, who will defend you in the court.
J K Agrawal
(Expert) 17 January 2009
It does not matter that you were at fault or not if you were driving in confirmation of law (that is to say that you were having proper DL and was not drunken and was not on wrong side and so on)the insurance company has to pay the compensation. So you can feel free but it is always advisable that you should contest claim case or at least take care of.
In criminal you negligence matters highly. If it is not proved that you were negligent you can not be punished.
