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leelesh (student )     19 August 2013

accidental

Hi Experts,

I am a 1st year law student. I am looking for a favor from your end. Please do guide me..

Me and my friend were riding back to home from college and she was a (LL holder) riding the gearless bike as I was seated behind (DL holder). There was an intermediate signal by negligence we were hit by another gearless bike rider. He was an army officer(with uniform) with a injured leg ( a fractured in ankle) without army boots and he had a walking stick along. We took him to the nearest hospital and gave him the first aid. Later on he was taken by his colleague to the Army hospital, after 12 times of X-ray scan they found a a injury on the same wound and he had a surgery and later on He has demanded sum of 80,000 as compensation under Police surveillance . When we refused he filed a case against us for the accident and my sister was arrested and bike was seized  as our insurance was also lapsed on the time of incident. please help me to withstand against this case and bribe, I take this as my part of law practice.

Thank you



Learning

 9 Replies

Suri.Sravan Kumar (senior)     19 August 2013

driving the vehicle without insurance is an offence. Since it a bailable one try for bail. Try to compromise with the victim and get it recorded before Lokadalat. You have to compensate the victim since your vehicle does not have Insurance.

Adv Archana Deshmukh (Practicing Advocate)     19 August 2013

Yes, try to compromise the case with the victim.

leelesh (student )     19 August 2013

Hi,

Thank you sir S.Shravan Kumar, and Archana ma'am.

 

Kolla Gangadhar (Practicing Advocate since 1986)     19 August 2013

On the date of accident you must have a valid Insurance otherwise Insurance company is not liable  to pay compensation. You plead that there was no rash and negligent driving on the part of driver of two wheeler in such case you are not liable to pay compensation.

shivaranjani (MBA)     19 August 2013

Hi..

AS U HAVE MENTIONED, UR FRIEND IS AN L.L HOLDER AND UR A D.L HOLDER, IN THAT CASE, ITS VERY MUCH FINE, AS PER MOTOR VEHICLE ACT, AN LL SHOULD BE ACCOMPANIED BY A DL HOLDER, AND THE INSURANCE LAPSE IS NOT AN WORRY, U CAN PAY FINE, THE THING IS THE OTHER PARTY CANNOT MAKE ANY CLAIMS AGAINST THE INSURANCE COMPANY AND U HAVE TO BEAR THE EXPENSES INSTEAD. AND U HAVE SAID HE IS AN ARMY PERSON AND HE WAS ALREADY INJURED, IN THAT CASE, U WILL HAVE TO PAY FOR ONLY THOSE LOSSES OR DAMAGED CAUSED BASED ON THE MEDICAL REPORT AS PER THE RECENT REPORT, U CANNOT BEAR THE EXPENSES FOR PAST INCIDENT OR HIS PREVIOUS MEDICAL HISTORY, AND BEING ARMY PERSONAL ONE WHO IS INJURED WILL BE UNDER THE CATEGORY "C" WHICH SPEAKS OF PARTIAL/TEMPORARY DISABLEMENT AND HE WILL NOT BE AUTHORIZED TO USE THE VEHICLE SO HE IS LIABLE TO BE SUED AND REPORT THE FIR TO ARMY, AS HE WILL HAVE TO GIVE EXPLAINATION AND GET CLEARANCE. SO DONT MAKE THE DEMANDED COMPENSATION, FILE A CASE AGAINST HIM AND PAY COURT FINE FOR NEGLIGENCE OF DRIVING BY BOTH PARTIES AND ALSO YOU SHOULD PAY FINE FOR INSURANCE LAPSE. NOTHING TO WORRY GO THROUGH PROCEDURE AND CASE WILL GET CLOSED WITHIN 10 K. ALL THE BEST.

 

shivaranjani (MBA)     19 August 2013

SINCE HE IS AN ARMY PERSON AND WILL GET FREE TREATMENT FROM GOVT AND HE WILL BE GIVEN PAID LEAVES TO REST AND RECOVER, SO NO NEED TO PAY THE DEMANDED COMPENSATION ALTOGETHER HE IS TO BE PAID ONLY FOR THE PAIN HE UNDERWENT, AND U HAVE TO REPAIR HIS VEHICLE IF ANY DAMAGES, THIS IS A SIMPLE HIT CASE, ITS NOT A DEATH CASE SO NOT TO WORRY OR PANIC, JUST GO LEGALLY...ALL THE BEST

SRINIVASA PRASAD Warangal A.P (LEGAL PRACTIONER )     22 August 2013

@ author,

Sivarangani advice perfectly suits your case. Medical expenses will be recovered to him. You will have to pay only loss of earnings and damages for vehice if any and compensation for  pain and sufferings.  Not insurance in force though crime as per the act yet fine amount can be paid. Try to compromise, if he an high stack, fight the case pleading contributory negligence.

 

Good uck

SRINIVASA PRASAD Warangal A.P (LEGAL PRACTIONER )     22 August 2013

@ author,

Sivaranjani advice perfectly suits your case. Medical expenses will be recovered to him. You will have to pay only loss of earnings and damages for vehice if any and compensation for  pain and sufferings.  Not insurance in force though crime as per the act yet fine amount can be paid. Try to compromise, if he an high stack, fight the case pleading contributory negligence.

 

Good uck

leelesh (student )     24 August 2013

@Shivaranjani ma'am... Its great to hear a few points on it.. I personally made some attempts to collect some reports

1. He has met with accident in Coorg and he has demanded 1.75k. ( Reason: he was hit by a car and same way he demanded 3 lak, other party opposed it and sue him to the court.)

2. As you said he is still in Category C on boarding, that refers has violated the rule  He's not suppose to ride any vehicle.

3. I took a help from my senior who is an advocate. He explained the pros and cons of the matter. Later on the opponent stated that he has recorded the voice conversation and made a statement that "lawyer threatening".

4. During the incident even i had minor injuries  any how this is ignored. But, he has filed an FIR against us and we to filed against him.  Next what action to be taken . Please help me . I dont depend on any other . Really  I thank this network .. Million tnx to the founders ans team.

 

Thank you


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