Section 297 & 337 (accident case)
Chandrashekar
(Querist) 08 May 2015
This query is : Resolved
Dear Sir,
My uncle son was on the way to back home from duty at around 10pm night after finish his second shift duty & rain was stopped. He was riding pulsar bike all of a sudden one street dog tried to cross the road from left to right and my person tried to avoid and by oversight he driven to wrong side of the road to avoid the hit to dog but unfortunately he hit opposite pulsar bike. The opposite vehicle driver hand finger & foot fingers were fractured and immediately my person took him to hospital and shown his humanity & paid the hospital bill. On the next day they started demanding huge compensation for stating fingers are fractured, for which our person denied and they filed FIR after 3 days u/s 297 & 337. Our person has proper original DL & Insurance. the vehicle of our person was new with proper document. Now please suggest does he has to pay fine in the court and the rest is taken care by Insurance company or how the compensation takes place to the injured person (by our Insurance or the injured person bike insurance company). Will our person be punished for such negligence, even after paying court fine ?.
Sudhir Kumar, Advocate
(Expert) 09 May 2015
let the insurance company bear charges and he only face criminal trial.
Will our person be punished for such negligence, even after paying court fine ?.
IT IS PREMATURE TO SAY WHAT SENTENCE CRIMINAL COURT GIVES.
Dr J C Vashista
(Expert) 09 May 2015
If the driver (offending vehicle i.e., your person) has a valid driving license and vehicle (motor cycle) was insured the Insurer company shall pay to the injured as awarded by Motor Accident Claims Tribunal, if the injured has filed a claim petition.
However, the injured may compound the case u/s 279/337 IPC, which is altogether different (criminal- a State case)by compromising and compensating the injured. Otherwise, it attracts punishment(s).
Rajendra K Goyal
(Expert) 09 May 2015
Your person has to defend himself against the criminal case.
Compensation would be taken care of by the Insurance Company.
T. Kalaiselvan, Advocate
(Expert) 10 May 2015
If he is ready to pay fine and escape the harsher punishment let him go ahead, as far as the insurance claim is concerned, he has got nothing to pay out of his pocket the insurance company will take care of it.
Sudhir Kumar, Advocate
(Expert) 10 May 2015
the victim will have pound of flesh from you for compounding criminal case in addition to insurance claim.
Chandrashekar
(Querist) 12 May 2015
Dear Sir,
Do our person required to keep the Insurance company informed immediately about this accident or the court or police station will send notice to insurance ?. tomorrow the insurance should not avoid to settle claim to injured person stating the owner of vehicle insured not informed to insurance after accident ?.
T. Kalaiselvan, Advocate
(Expert) 12 May 2015
This is the problem of the claimant, so just dont worry, the claimant will file case impleading the insurance company and they will deal with it accordingly.
Chandrashekar
(Querist) 22 May 2015
Dear Sir,
Today Our person went to collect DL from Police station and they given letter to collect from RTO. In that letter we noticed they are intimating to RTO charge sheet filed u/s 297 & 338. Our person is ready to pay fine and rest compensation to injured wants to take by Insurance. Is this possible under section 297 & 338.
Sudhir Kumar, Advocate
(Expert) 22 May 2015
READ 279
279. Rash driving or riding on a public way
Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
Sudhir Kumar, Advocate
(Expert) 22 May 2015
read 238
338. Causing grievous hurt by act endangering life or personal safety of others
Whoever causes grievous hurt to any person to doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.
Chandrashekar
(Querist) 23 May 2015
FIR & charge sheet filed, now who will inform us the date of proceeding in Magistrate Traffic Court ?. How the information passed to victim to attend the court ?.
Can he be guilty, accept the mistake and pay fine to close the crime part, will the judge agree for it ?. If so will insurance agree to pay the compensation ?.
For compensation, we have insurance as it is a new bike, can Injured person claim through MACT,?
Sudhir Kumar, Advocate
(Expert) 23 May 2015
FIR & charge sheet filed, now who will inform us the date of proceeding in Magistrate Traffic Court ?.
CONSULT YOUR LAWYER
Sudhir Kumar, Advocate
(Expert) 23 May 2015
How the information passed to victim to attend the court ?.
NOT ATLEAST BY YOU
Sudhir Kumar, Advocate
(Expert) 23 May 2015
Can he be guilty, accept the mistake and pay fine to close the crime part, will the judge agree for it ?.
ON ADMISSION HE WILL BE GUILTY. WHAT PENALTY IS AWARDED IS AS PER DISCRETION OF JUDGE.
TO KNOW HOW MUCH WILL BE AWARDED BY JUDGE ASK AN ASTROLOGER.
Sudhir Kumar, Advocate
(Expert) 23 May 2015
If so will insurance agree to pay the compensation ?.
INSURANCE COMPANY WILL BE MADE TO PAY COMPENSATION IF THEY ARE NOT ABLE TO PROVE VIOLATION OF POLICY TERMS (WHICH THEY WILL TRY UTMOST)
THIS HAS NOTHING TO DO WITH CRIMINAL CASE.
Sudhir Kumar, Advocate
(Expert) 23 May 2015
For compensation, we have insurance as it is a new bike, can Injured person claim through MACT,?
CLAIM COMPENSATION FROM INSURANCE COMPANY IN MACT AND IF INSURANCE COMPANY IS SUCCESSFUL IN PROVING VIOLATION OF POLICY TERMS THEN YOU WILL PAY.
EVEN IF HE GETS COMPENSATED BY INSURANCE COMPANY STILL HE WILL HAVE POND OF FLESH TO COMPRMISE CRIMINAL CASE.
Chandrashekar
(Querist) 23 May 2015
The police told the he will get a call from station or summons from court, is it true ? or we need to consult lawyer right now ?. before getting summons ?.
Guest
(Expert) 23 May 2015
The offence becomes grave as the accident happended due to driving at wrong side of the road. So, better consult some local lawyer and be ready to defend your uncle's son. I don't think the insurance company would accept liability to pay the compensation for accident on account of wrong side drive.
The question arises, he could see the dog in the dark but bow not the headlight of the other bike at 10 PM in the night?
Sudhir Kumar, Advocate
(Expert) 23 May 2015
insurer of bike is also liable to pay. Perhaps biker was not driving wrongly.
