Accident case
PVG Satish
(Querist) 19 December 2013
This query is : Resolved
Dear Experts,
On a complaint given by us for accident caused by rash and negligent driving and intimidating us, an FIR was registered under sections 34, 337, 323, 506 of IPC in a police station at a place 400 km away from my home in June, 2010. The accident took place on a highway when we were returning home from pilgrimage and the opposite party is a local strongman. Whenever we enquire about the status of our complaint over the phone, the SI replies that they are working on the case.
Today, I found on the AP State Police Department portal that there has not been an update on the FIR for a year now. I'm attaching a screenshot of the status of the FIR given in the portal. I'm going to file an RTI and send a complaint to the Superintendent of Police and the DIG of Police regarding the inaction on our complaint. Kindly guide me as to what else can be done to get my complaint expedited. Can I request the police to add other sections of the IPC or the Motor Vehicles Act etc. to the FIR? If yes, kindly provide relevant sections.
Also, it costed us around 1.4 lakh rupees to get our vehicle repaired after the accident. Nearly fifty thousand rupees had to be spent from our hand. We were ready to settle the matter out of the court but the opposite party said they would give just ten or fifteen thousands and we refused the offer. What can I do to recover the money from them? Can I approach the Motor Accidents Claims Tribunal or lodge a case in a civil court?
As always, my heartfelt thanks to the experts for their kind help and yeoman's service to laymen like myself in resolving our legal disputes.
Biswanath Roy
(Expert) 20 December 2013
As you are going to take help of R.T.I. Act simultaneously you can file a written complaint in the Office of Supdt. of Police regarding inaction,unusual and inordinate delay of the concerned Police Station to take action following your F.I.R. With the complaint letter to S.P. enclose a copy of your F.I.R. Inspite of such action if Police authorities keep silence you can file an application in the court of Judicial Magistrate u/s. 156,Clause 3 Cr.P.C.
T. Kalaiselvan, Advocate
(Expert) 20 December 2013
In any case the criminal complaint against the accused may not fetch you the desired result i.e., the law can only punish the accused but will not be able to direct him to compensate your monetary loss out of the accident, whatever worth it is, follow the advises given by the experts.
