IPC 337 & 279
Querist :
Anonymous
(Querist) 31 May 2011
This query is : Resolved
Dear Sir,
My query is regarding one of the acchident happened in recent times.
I met with an accident while driving my car when it is collided with an Activa Honda.Three people were travelling in Activa and one of them were carrying a Glass top.I accidently hit the bike from behind and three of them fell down and broke the glass.Because of the impact of broken glasses, two of them had injuries.I immediately took them to nearby hospital and got admitted.Mean time, police men has also come and noted down the details.While in hospital,i have offered to pay for treatment even though its not my fault alone.but, they were asking for more money and i have told them that i am not willing to pay anything more than 50% of cost.They informed that they will go for legal and filed a complaint.Police seized my car and told me to come with papers next day morning to release the car.The next day,i went to hospital with original papers and they told me that they have filed a case against me under Sec 337&279 and arresting me.Later, they send me on surety and told me to sign the papers for release.I insisted that i havent done anything, but they keep on saying, its just a process and you can get out paying the fine in court.I believed it and they also showed me the complaint written by other party.It has mentioned about 3 people riding the bike and have not mentioned about carrying the glass.I asked police men and he told me that it is written by other person.Even though insisted on filing a counter complaint from my side, they insisted that its just a process and why do you want to get into this and just ignore it.
I am confused now and dont know what to do.what will happen if court decide to punish me apart from fine as mentioned as per IPC.Please let me know how to proceed as i also dont want to get drag down in prologing case process. request your help.
adv. rajeev ( rajoo )
(Expert) 01 June 2011
You can contest the criminal case, you may be acquitted. Injured may file a case against you to claim the accidental compensation in MACT court, but you need not to worry if you have 3rd party ins.,coverage then ins., co., will be liable to pay, more over they are not entittle to claim any compensation because 3 persons were on the bike so it is violation of policy conditions. Ins., co., will contest the case.
prabhakar singh
(Expert) 01 June 2011
When accident has taken place and law has taken its course,it will proceed and you will have to participate in it to defend your self.your conduct in the case post to accident has been appreciable and hopefully court will take its notice.In accident cases,what ever is going on is normal.They may be awarded compensation which shall be payable by you or insurer and in criminal case you need not worry so much.
PALNITKAR V.V.
(Expert) 01 June 2011
Since you have hit the Activa at its back side, you seem to be prima facie negligent. Merely because there were three persons riding on Activa and were carrying glass, it does not mean that the accident had taken place due to their fault. However, since the injuries appear to be minor, you may escape heavy imprisonment. Defend yourself,perhaps you may get acquittal depending upon other circumstances and cross examination.
M/s. Y-not legal services
(Expert) 01 June 2011
Yes. Am agree with experts.. If you have valid driving license and proper insurance policy mean you can escape from the burden to pay the compensation. But about criminal proceedings you have to face it.. More over its very usual sections only. You can break it easily
G.Sundara Rajan
(Expert) 01 June 2011
File a discharge petition, based on the complaint of the injured.
Forget about the glass they were carrying, it is not your concern as to how they got injuries. The only fact is whether you went an hit them from behind all by yourself or they were unable to maneuver the scooter due to triple riding and came right in front of you.
You can seek to use the complaint itself to ask for your discharge. This case will end in acquittal however, but you should go to the court on every date. On the other hand, if you do admit that you were driving and blah blah... you may be fined somewhere around 500 to 1000, but it will be over in a single day..(your driving record will get a remark)
Bhawani Mahapatra
(Expert) 01 June 2011
Dear Reader
It seems from your narration that you are guilty of offence u/s 279 & 337IPC. But if you have a valid D.L & insurance policy, you needn't worry. Neither you have to pay any compensation nor you will be punished. Three persons riding a scooter is enough for the defence lawyer to acquite you from the charges. Both the sections are bailable in nature, so you needn't wory. Next time be careful while driving.
PARTHA P BORBORA
(Expert) 01 June 2011
Triple riding in a Scooter itself an offence. So, be confident, you have a strong defense.
PALNITKAR V.V.
(Expert) 01 June 2011
With due respect I differ. merely because riding triple seat is an offence, it can not be said that the said circumstances itself is sufficient for the acquittal of the car driver. If the car driver has dashed the activa due to negligent driving, the car driver has to suffer punishment, may be fine. Contributory negligence is no defence in criminal trial. It is only a mitigating circumstance in so far punishment is concerned.
Guest
(Expert) 03 June 2011
Dear Anonymous,
Mere saying that "even though its not my fault alone" cannot absolve you of the offence as you hit from behind, not the Activa Honda in to your car. So, that point you have to forget. You may also have to forget about triple riding, that does not in any way can be linked to your case, as you hit from behind not from the side of that vehicle. However, had you hit from the side of their vehicle, or they would have hit your car you could well have taken the advantage of triple riding as the driver was not able to control the vehicle due to triple riding as well as the heavy piece of glass top.
However, lacuna in the investigation report ignoring the fact about the means of injury to the two persons by the police can benefit you to some extent. But, mind it, irrespective of the fact that one of them had been holding some glass top their fault does not come to the fore, except that the compensation cannot be so heavy their having been holding a heavy glass piece on a two wheeler, which was not a means of transport for such a delicate and risk causing glass material.
Your help to provide them timely medical aid can also be taken in to consideration, as you did not intend to harm them.
