Car accident case...
Smart Developer
(Querist) 12 October 2011
This query is : Resolved
My car had met with an accident and now the case is in the court, i had filed the FIR against the person who was responsible for it. The person is from press and influential
Now my question do I have to hire a lawyer to argue for my case or would I get a public prosecutor?
Also how long will it take to resolve?
I have only 1 person as witness, will that do?
Also the other party has said, the accident was not done by her, How do i prove she had done it?
Do I have to produce false witness, which I dont want?
M.Sheik Mohammed Ali
(Expert) 12 October 2011
if FIR filed then the police will take care of your case, same time you separately file a case against him/her, you must engaged lawyer.
Smart Developer
(Querist) 12 October 2011
When i checked at the police station they said the case is in the court and i will receive a letter from court for my dates? Are they lying?
prabhakar singh
(Expert) 12 October 2011
Now my question do I have to hire a lawyer to argue for my case or would I get a public prosecutor?
Answer:
For a criminal case a public prosecutor would be there ,hiring a private lawyer would be optional affair on your part.
I have only 1 person as witness, will that do?
Answer:it can.
Do I have to produce false witness, which I dont want?
Answer:no ,never.
Have lodged the FIR of accident in police station of area where accident took place then police will investigate the case and accordingly submit charge sheet/or final report.
In addition you may file a claim petition for claim amount damages caused by accident due to her negligence before Motor Accident Claim Tribunal,you may need a lawyer to be engaged for this purpose.
prabhakar singh
(Expert) 12 October 2011
Have they given you any copy of FIR you filled with them.
Smart Developer
(Querist) 12 October 2011
yes i have got a copy of FIR with much fuss, it took them 5 days to give me the copy and for which i had to get in touch with ACP as they were not giving,.
prabhakar singh
(Expert) 12 October 2011
Then case is lodged ,you may visit the magistrate court enjoying jurisdiction over this police station.
But when they have given you copy that means FIR is lodged and notice shall come to you only after they submit their CHARGE SHEET?or FINAL REPORT?
If they ask you to come to state with your witness then suppose they are willing to to do some thing ,if they do not do so ,suppose they are completing formalities only.
Do not sign any where they ask you or your witness on plain paper or with out reading the contents if written.
prabhakar singh
(Expert) 12 October 2011
any injury or damages caused due to accident???
Smart Developer
(Querist) 12 October 2011
Yesterday when i checked with the cop who is looking into my case, as per him he had arrested the person and they might have got a bail in mere 500/- Rs. Now they say i will have to wait till court sends a notice to me to appear.
Smart Developer
(Querist) 12 October 2011
No there were no injury, ofcourse there were damages for which I filed an FIR
prabhakar singh
(Expert) 12 October 2011
Those damages you can get from insurance company it self now.Then there is no point to worry too much for any thing at all.
Smart Developer
(Querist) 12 October 2011
The reason I filed FIR is coz the person denied that he is responsible for accident, and I want to have claim from him.
I do not wish to claim from the insurance company
prabhakar singh
(Expert) 12 October 2011
That claim you can not get by this FIR case.
You need to file a claim petition for that.
Smart Developer
(Querist) 12 October 2011
Thank you, and where do i do that please?
prabhakar singh
(Expert) 12 October 2011
before motor accident claim trbinual
Sankaranarayanan
(Expert) 12 October 2011
well explanation given by Mr prabhakar ji and spent time for you long. I like the way of answer by my friend Mr singh ji.
Shastri J.K.
(Expert) 12 October 2011
I also agree with mr. prabhakar singh .
Smart Developer
(Querist) 12 October 2011
Thank you all, especially Prabhakar sir
Smart Developer
(Querist) 12 October 2011
Is there anyone from Surat you can refer me to?
Also what would the total cost incurred to me?
Raj Kumar Makkad
(Expert) 12 October 2011
I have a reference for you from Veraval who can further arrange a lawyer fro Surat.
Sh. Kishore Bhai Kotak,Advocate,
Near Bus Station Somnath,
Leela Shah Shopping complex,
Verval (Gujrat)
021821-247809 (office)
021821-242963 (Residence)
Rupam Ghosh
(Expert) 12 October 2011
A very apt reply by Singh sir, here I would like to add to your satisfaction that you may file this claim petition before MACT against the owner of the erring vehicle. Also you may not be knowing the insurer of the vehicle at this stage. Even if you file the case against the owner of erring vehicle the owner will be in hurry to join the insurance company of its vehicle as a party and shift the liability to the insurer so thats not a problem. Your case is very well maintainable before the MACT u/s 110 r/w 110 a of M V Act, if it is not amended recently. So go ahead, engage a MACT lawyer.
Smart Developer
(Querist) 13 October 2011
Dear Raj
The numbers you have posted appears to be invalid, could you kindly double check and post it again please
Thanks
Binny
Niikhil C. Shirgaonkar
(Expert) 13 October 2011
Mr.Prabhakar has answered you in detail. Take a note that, you can appoint an Advocate in addition to the Public Prosecutor u/s 301 of Cr. PC. and producing false witness before the court will invite a criminal action against you if so proved in the court. So don't do that. Criminal case will punish the culprit and MACT claim will serve the purpose of compensation for the loss sustained by you.
Guest
(Expert) 21 November 2011
I appreciate detailed guidance provided by Shri Prabhakar.
