Motor accident and eve teasing case
Ashim Sen
(Querist) 01 April 2013
This query is : Resolved
Respected Sir,
My wife, son and my sister in law were coming back home after dropping me at Railway station at 5:00 pm. 4-5 men who were heavily drunk, in a Maruti Van not only passed lewd comments but also tried to put in their hand inside the window of our car while trying to overtake our car from the wrong side. When my wife shouted at those men, they banged their vehicle into our vehicle in an effort to intimidate my family, thereby badly damaging our car. Two passerby tried to chase the Maruti Van but in vien.
The police traced out the vehicle and the men admitted to their crime as the Police told me. FIR was registered under Sections 279, 427, 509 and 34 of the IPC. But the court issued us a summon for witness to be presnt at the court on 06 April 2013, only under Sections 279 and 427 of the IPC.
I was told by the Insurance people that since the damage to my car is so much that I have to pay almost 50% of the amount from my pocket, considering the depriciation value calculated on plastic and other parts. Moreover I will lose the No Claim Bonus which I had been getting since last 06 years. So I got the vehicle repaired at my own cost and presented the bill of Rs 23,000 to the Police station.
My questions to the elite panel are :
1) How would I claim the amount of Rs 23,000 from opposite party / their insurance company ?
2) Why have the Sections of 509, 34 dropped by the Police without even consulting the victims ??
3) What other things should be kept in mind in hearinh of the case as I am a layman to court procedures ???
Kindly reply at the earliest as the csae hearing is on 06 April 2013.
Thanks & Regards,
Ashim Sen
Devajyoti Barman
(Expert) 01 April 2013
1. By filing civil suit.
2. No idea without seeing the contents of FIR.
3.State what has happened to you.
Contact an advocate.
Raj Kumar Makkad
(Expert) 01 April 2013
Follow the advice of Barman and one more additional suggestion......engage a local lawyer who shall not only look after the ongoing case but shall also file civil suit on your behalf for recovery of the claim amount.
