Fir under section 281 and 125(a) in car and scotty accident
Querist :
Anonymous
(Querist) 27 February 2025
This query is : Open
I was making a U-turn in my car on the road when an electric scooter without a number plate suddenly braked and slipped. The rider, a 45-year-old man, and his 12-year-old son fell and came under my car. I immediately applied the brakes. The scooter was completely damaged, and the man suffered a leg fracture, while his son sustained minor scratches. However, the scooter did not collide with my car, and there was no damage or scratch on my vehicle.
I took them to AIIMS hospital in an emergency and informed their family. Two days after the accident, I submitted an application at the police station, but they did not provide a receipt. The injured man sought compensation through a third-party insurance claim. After 20 days, the police registered an FIR against me under Sections 281 and 125(a). I then went to the police station, obtained bail, and my car was seized. Later, I secured the release of my car through the court.
I later learned that the same person had a similar accident with a Bolero car a month before my incident, during which he also sustained leg fractures and other injuries. That time also he file FIR against bolero driver. However, in the FIR filed against me, he falsely claimed fractures in his legs and five broken ribs. It appears that he is trying to take advantage of the situation to obtain a disability certificate for benefits, such as a discount on a home loan, and to claim compensation through third-party insurance.
I am worried because I only helped him by taking him to the hospital and calling his family, but now my goodwill has turned against me. Since I am a government employee, frequent court hearings will be difficult for me to attend, especially if I get transferred. I have already spent ₹10,000 on legal expenses, and he is demanding an unethical amount of ₹4–5 lakh for settlement.
He is unwilling to compromise, and I am unsure about the legal consequences. Will I receive any punishment? Will my insurance company’s lawyer handle the case? Should I file a counter-FIR against him for demanding extra money? Please suggest the best course of action in this legal matter.
