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Shraiya Gupta (Querist) 16 May 2017 This query is : Resolved
Hi! I am reposting this for expert advise as my previous query was posted as anonymous (I am new so dint have much idea) and dint get much response due to anonymous user post.

Hi! I need some advice on my ongoing case of road accident taken place last year in June. I was driving a friend back home around 12.30 in the night and the traffic signals don't function at that time. We were in a four Wheeler driving straight and it was raining heavily. Suddenly a two Wheeler activa came in front of us who wanted to go towards the right direction coming from the opposite side as it was an intersecting road. I was going straight and the activa was coming from the opposite side wanting to take a right. There was a man and woman on the activa. The lady was sitting in a one side leg way on the activa and due to the centre area of the car (number plate is) pressing with her legs she had a fracture in her legs. The activa and the man where not injured as I suddenly had stopped the car but couldn't control the lady's foot injury. Me and my friend rushed her to the nearby hospital and got her treatment started. The man and lady were neighbors and not related therefore the man was not willing to stay back with the lady however he informed the lady's relatives and then left. The lady told the doctors that it was not our fault buy however expected a compensation of ₹1 Lakh. Me being a middle class person did not will to pay the amount as it was not my fault on the major side. I offered her a reasonable compensation but she however refused and wanted to file a complaint. Her relatives along with the neighbor went to the police station and filed a complaint. The neighbor dint want to get into legal proceedings and therefore had a word with the lady and they then decided to give a statement to the police saying it was not my fault and not file any complaint. The normal proceedings took place and after a month I got a call from the police station saying that I have to be there as the lady has filed a complaint. They again tried to settle it off by asking compensation but I refused as any amount of ₹10000 and more is a lot of money for me to spend on something I dint have fault to. Then a court case was filed and I hired a lawyer and the procedure started. I am totally unaware of these legal proceedings. When I was called for the first time in front of the judge I was told by my lawyer to answer " Not Guilty" when asked by the judge. The second time they called me and then was called by the judge and given a further date. My date is approaching soon and a trial is supposed to begin soon. I have been accused of rash and neglected driving and danger driving and causing injury to other party ( 2 /3 of these accusations) I want to know : 1.) What is the right thing to do at this point? 2.) What if I loose the case? 3.) What if I win the case? 4.) What are my chances of winning the case? 5.) Is this a criminal case or civil case? 6.) Am I now to have criminal record on me for the rest of my life? 7.) Will I face issues for my passport and visa applications? I am facing a lot of issues with these queries and would request you to help me with answers but please not in legal language. Something which I can easily understand. Thanks in advance!

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Guest (Expert) 16 May 2017
Repeated and Replied

Rajendra K Goyal (Expert) 16 May 2017
You asked: 1.) What is the right thing to do at this point?
Reply: Try to have amicable settlement.

You asked: 2.) What if I loose the case?
Reply: May be fined or jailed as per orders of the court.

You asked: 3.) What if I win the case?
Reply: As you wished you would save the money demanded by them. There are possibilities, Insurance Company be ordered to pay.

Rajendra K Goyal (Expert) 16 May 2017
You asked: 4.) What are my chances of winning the case?
Reply: Only astrologer can call with no guarantee of being truth.

You asked: 5.) Is this a criminal case or civil case?
Reply: Both can be initiated.

Rajendra K Goyal (Expert) 16 May 2017
You asked: 6.) Am I now to have criminal record on me for the rest of my life?
Reply: Yes.

You asked: 7.) Will I face issues for my passport and visa applications?
Reply: Chances are there.

krishna mohan (Expert) 16 May 2017
Third party injury and liability covered under insurance. You may consult with your lawyer to safeguard your interest including defense of no negligence or rash driving on your part if your version is true.

Dr J C Vashista (Expert) 16 May 2017
Why did you not put these questions to your lawyer who is contesting case(s) on your behalf? Have faith in your counsel.

No second opinion can be given with limited information qua case(s) i.e., Whether it is u/s 279/337 or 279/338 IPC? Whether it is u/s 166/140 of the Motor Vehicle Act 1988?.

What do you expect the experts can peep into the facts of the case(s)?

Guest (Expert) 17 May 2017
Agree with Experts

rajeev sharma (Expert) 17 May 2017
Your insurance company is a necessary party in this matter and should have been incorporated as defendant in the matter. Please inform your insurance compzany znd ask the court to incorporate insurance company as defendant with you as they are liable to pay the compensation.

Guest (Expert) 18 May 2017
Agree with Expert

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