Mano (None) 10 May 2015

Nee help-accident lawsuit, 3 years, charge sheet not filed

Hello Experts,

Thanks for your wonderful helps to ordinary citizens like me who are illiterate on Indian laws. Let me brief out my story and hope someone give me proper guidelines.

Around 2010 I lost my family members in a bus accident near be Chennai . After several up/down trip to police station and a push from HC, the police who handled the accident finally gave me the FIR report, postmodern report etc. My lawyer filed a lawsuit on the car company and insurance companies and other parties involved in the accident. The lawsuit was filed in MACT around mid of 2010.

Now after 4 years, when I asked the status of the lawsuit, my lawyer said that the police didn’t file the charge sheet yet therefore one of the insurance parties included in the lawsuit is bailed out! I don’t know what that mean. I called the local police station and spoke to Inspector today, he said, they didn’t file the charge sheet yet!! I don’t get it. I don’t know what I have to do to get this running!

So, questions to the experts:

What would happen if police didn’t file the charge sheet in time for this kind of situation?
What I need to do in order to get the police to file the charge sheet?
Does my lawyer need to wait for the charge sheet filed?
How long normally take this kind of case to get resolved by MACT?
Any question I should have asked here which I don’t have knowledge to ask?

Please help me out brothers & sisters.

Thanks,

-Mano

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1 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 12 May 2015

Respected Sir

In case the FIR involves the section 304-A of the IPC then the same is a summons case triable by a magistrate and hence the investigation cant go on for beyond 60 days ( section 167(5) Crpc)\

Insurance companies do require the chargesheet while defending the MACT claims. Hiwever that does not mean that the non filing of he chargesheet by the cops absolves the MACT court from having to decide the claim. Chargesheet is filed in criminal courts and th trial is entirely different. MACT cases include the insurance having to take a look at the chargesheet . But that doiesnt meant that if chargesheet is not filed, then the liablity goes.

DO this. FIle an appliation u/s 167(5) of the Crpc before the concerned magistrate having jurisdiction to decide the case. Ask him to direct the cops to file the chargesheet. Then once u receive the same, hand over a copy to the insurance company in the MACT case.

Augustine Chatterjee

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