accident
hardeep singh
(Querist) 20 June 2011
This query is : Resolved
dear all
yesterday i was driving towards a picnic spot with my cousins n on the way i saw a petrol pump towrds my right side i gave indicator n while turning a person on motor bike driving fast was looking for something beside him came n dashed my car and got injured , we showed humanity n stopped to pick him up , meanwhile public gathered n called police i was arrested for no reason n on asking i was told that there's always mistake of bigger vehicle, although i was released immidiatly on bail, but my car was seized..
now i want to ask was there really my mistake?? can i lodge complaint against that person?? If yes what should I do ....
kindly suggest..
adv. rajeev ( rajoo )
(Expert) 21 June 2011
even if you lodge the complaint it amounts to counter case, moreover police will harash you, you will have to go the police station for enquiry etc., it is one type of harrashment. It is better to leave it. If your car is valid insurance and you have got valid driving license then insurnace co., will pay the compensation to the biker if he filed MACT case.
But criminal case you wil have to contest or you will have admit in the court, if you admits then you will have to pay penalty for that.
Guest
(Expert) 21 June 2011
it is not necessary to admit the case and you can contest and acquitted if the case by the complainant is not proved
abhishek
(Expert) 21 June 2011
its better if you contest the present case, and afterwards you have remedies for falsely implicated in a case
Ashok Yadav
(Expert) 21 June 2011
You should contest the case, in evidence it will have to be prove that the other person was negligent and you was right. It will help you. Chances of acquittal are also there.
piyush sharma
(Expert) 21 June 2011
Yes you can file a complaint. But the question is what you get out of it. The complaint will take atleast 2-3 years and if you win you will get expenses you incurred to repair your car minus the money paid by the insurance company. I don't think it is worth wasting your time. If you really want to recover some thing out of it maximum to maximum you can file a counter claim on his claim if he files any.
Guest
(Expert) 21 June 2011
in accident case if we files the counter claim than it is admitted that the accident occured at that place and time so do not counter claim in the MACT case it is my opinion and what the other experts say i also want to know about this. whether i am right or wrong?
Shashikant V. Patil
(Expert) 21 June 2011
If Panchnama is prepared by the Police, then definately , vehicle, and driver's and vehicle owners details might be endorsed in the Panchnama. So there is no question arised for not admitting that the said accident is not occurred . It is better to counter claim in your case.
Sarvesh Kumar Sharma Advocate
(Expert) 21 June 2011
road side accident case is very much difficult to prove,
just get the bail from the court(bail is yr right however it is bailable case)after complete the thecnicle report release the vehicle from the court ,
the technicle report of both vehicle is very much importent to prove the case!
hardeep singh
(Querist) 22 June 2011
Thax for rply...
today i got my car back from court under jamanat of inr 50000...
N
Police has accused me under section 337 & 279, n if injury to the person is fracture i would be accused under 338..
lawyer who helped me to my car back suggested me setle case out of court by paying money...
what should i do..?????
m simply confused...
Guest
(Expert) 22 June 2011
if your car is fully insured than you did not bother about that and if the car is not insured than it is better to settle the dispute out of the court.
