IPC 279, 337 & 338
C Ignatius Joseph
(Querist) 03 May 2010
This query is : Resolved
I MET WITH AN ACCIDENT IN 2005 (THERE WAS TOTAL DARKNESS ON THE ROAD & MY BIKE TOPPLED OVER A STONE KEPT ON THE ROAD). I WAS ADMITTED TO HOSPITAL WITH BROKEN LEFT CLAVICLE. AS A STANDARD PROCEDURE, THE HOSPITAL INFORMED THE POLICE REGARDING AN ACCIDENT CASE. NO THIRD PARTY WAS INVOLVED IN THE ACCIDENT & NEITHER I HAVE CLAIMED THE INSURANCE. IN THE 'FIR', I HAVE MENTIONED ABOUT THE DARKNESS AS WELL AS THE STONE KEPT ON THE ROAD FOR INDICATION OF A HOLE DUG UP. THE POLICE REGISTERED A CASE OF 279, 337 & 338 AGAINST ME .THE CASE HAS COME UP FOR HEARING ON 12 MAY 2010. WOULD REQUEST A SINCERE ADVICE. THANK YOU. CI JOSEPH, 09423214683
Guest
(Expert) 04 May 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE MATTER KINDLY NOTE THAT.
1.YOU MAY COLLECT THE CASE PAPERS FROM THE COURT AND ON THE DATE FIXED KINDLY APPEAR BEFORE COURT AND FILE VAKALATNAMA OF LAWYER.IT IS A SIMPLE CASE BUT DO NOT NEGLECT THE SAME.
2.YOU MAY FILE CLAIM FOR INSURANCE FOR COMPENSATION FOR DAMAGE TO MOTORCYCLE AND ALSO FOR ACCIDENT INSURENCE.ANY ACCIDENT YOU GET INSURANCE CLAIM AMOUNT FROM THE INSURANCE CO.
YOU CAN SUBMIT THE CLAIM TO THE COURT,YOU WILL SUCCEED AND WILL BE REASONABLY COMPENSATED.
KINDLY WRITE IN CASE ANY HELP REQUIRED.
THANKS.
C Ignatius Joseph
(Querist) 04 May 2010
MR NANDKUMAR,
THABK YOU VERY VERY MUCH FOR THE ADVICE. HOWEVER, MY CONCERN IS TO GET OVER THIS CASE AS SOON AS POSSIBLE. JUST FOR THE CASE, IS ANYTHING SERIOUS IN MY CASE AS OF NOW & WHERE DO I STAND.
THANKS & REGARDS,
CI JOSEPH
ESTHERPRIYA
(Expert) 04 May 2010
in addition to what has been stated by MR. Nanda Kumar, you can very well sue the concerned department for not providing lights and poor maintenance by sending a consumer notice as you have been paying road tax and other dues promptly.
WHATSAPP 91-8075113965
(Expert) 08 May 2010
hi ignatious,
first, you appear in the magistrate court, from where you have got the summons for an offence u/s 279, 337, 338 ipc.
if possible, try to plead guilty of the charges by paying a fine of Rs. 1500-2500/-.
it will vary from court to court.also, make sure that 279, 337, 338 ipc is allowed to be pleaded guilty.279, 337 IPC is generally allowed in all courts in KERALA.
REG 338 IPC, SOME COURTS DONOT ALLOW.if you are pleading guilty , your entire case closes on that day itself. otherwise, you have to appearm before the court for at least 1-2 years.
then , file a case u/s 166 MV ACT , for comphensation from insurance company.
SALIL KUMAR.P
ADVOCATE
THALASSERY-670101
KANNUR
MOB: 9447536929
