Fazin 11 June 2017
Kumar Doab (FIN) 11 June 2017
Why FIR shall be written in their favor?
Kumar Doab (FIN) 11 June 2017
If the area is covered by CCTV get footage.
If you have posted facts approach your own very able senior local counsel of unshakable repute and integrity and have faith that your counsel can defend you.
Fazin 11 June 2017
It has something to do with them able to claim the insurace, theirs being third party. Police told the FIR is usually written in favour so that they can get the claim and insurance. Someone told Big car vs small car its usually written in favour of small car.
Kumar Doab (FIN) 11 June 2017
For your own interest along with elders of your family approach your own very able senior local counsel of unshakable repute and integrity and let your counsel defend you.
Sachin (N.A) 11 June 2017
Better to compromise with opposite party by paying some amount.
Ms.Usha Kapoor (CEO) 12 June 2017
yOU BETTER ENTER INTO A COMPROMISE WITH THE OPPOSITE PARTY BY PAYING SOME AMOUNT.
Mohd Musabbir Ansari (Legal Practice/Litigation New Delhi 09582547570 ) 12 June 2017
Dear Fazin
FIR is not substantive piece of evidence. FIR is simply a narration of incidence. Opposite party has received injuries, so police made them complainant and you as accused.
in your accident matter two cases born out. First is MACT and second one is criminal.
So far as MACT case is concerned, if your vehicle is insured, injured shall receive compensation from Insurance Co.otherwise you have to pay.
In a criminal case, the duty of court is either to convict or acquit. but in this case, police/injured/prosecution has to prove that accident happened due to your rash and negligent driving. As you mentioned in your query that opposite part was on the wrong side, so negligence in your part. so its a case of acquittal....engage a reputed lawyer. don't take the pain so much.
Mohd Musabbir Ansari (Legal Practice/Litigation New Delhi 09582547570 ) 12 June 2017
Dear Fazin
FIR is not substantive piece of evidence. FIR is simply a narration of incidence. Opposite party has received injuries, so police made them complainant and you as accused.
in your accident matter two cases born out. First is MACT and second one is criminal.
So far as MACT case is concerned, if your vehicle is insured, injured shall receive compensation from Insurance Co.otherwise you have to pay.
In a criminal case, the duty of court is either to convict or acquit. but in this case, police/injured/prosecution has to prove that accident happened due to your rash and negligent driving. As you mentioned in your query that opposite part was on the wrong side, so negligence in your part. so its a case of acquittal....engage a reputed lawyer. don't take the pain so much.
Mohd Musabbir Ansari (Legal Practice/Litigation New Delhi 09582547570 ) 12 June 2017
Dear Fazin
FIR is not the substantive piece of evidence. FIR is simply a narration of incidence. Opposite party has received injuries, so police made them complainant and you as accused.
in your accident matter, two cases born out. First is MACT and second one is criminal.
So far as MACT case is concerned, if your vehicle is insured, injured shall receive compensation from Insurance Co.otherwise you have to pay.
In a criminal case, the duty of the court is either to convict or acquit. but in this case, police/injured/prosecution has to prove that accident happened due to your rash and negligent driving. As you mentioned in your query that opposite part was on the wrong side, so no negligence on your part. so its a case of acquittal....engage a reputed lawyer. don't take the pain so much.
P. Venu (Advocate) 12 June 2017
Try to get a copy of the FIR. The offence may involve most probably 337 and/or 338 IPC, may be 279 too. Such cases takes time to reach the court and summons to be issued to the accused. The general practice is that court would impose a fine (may be 2000-3000) if the accused plead guilty. The accused can authorise the advocate to plead guilty; the accused need not be present.
A local advocate can gujde you in the matter. A traffic offence does not involve moral turptitude and the matter get closed with the accused pleading guilty and paying the fine, as pronounced.
Fazin 12 June 2017
Hello,
Thanks for the replies.
I have been told what Sir Mohd Musabbir Ansari and Sir P Venu responded.
I have to pay a fine of less than 3000 and if I cant appear in court just get a lwayer to do it for me.
The SI in charge at the time was a patient of mine and he assured me that its just a normal case of insurance, and the SI told it wont affect me in anyway I just have to pay the fine and go. Let the poor people get some money.
Since I have passport and Visa to worry about now due to my post graduaton plans, I was just re evaluating.
I met with an advocate he said he will get FIR and brief me tomorrow. He said I can even pay now to him and forget about it.
Please advice.
Thanks
Kumar Doab (FIN) 14 June 2017
Obtain certified copies of all related docs; FIR, penalty, reciept from copurt/PS and keep these safely.
It shall be helpful to take help and support of a very able local counsel of unshakable repute and integrity.
Kumar Doab (FIN) 14 June 2017
Your appreciation for Mr Mohd Musabbir Ansari and Mr. P Venu is appreciated.
Kumar Doab (FIN) 14 June 2017
These gentleman experts have been helpful to many querist/authors.