30 June 2019
I was driving in a highway and my scooty got hit with a jeep which was in a wrong side and was just entering the highway from a village road. He stopped the vehicle in front of me and my vehicle just got hit against that. A case against both parties was lodged under sec 279 and 337 in nearby police station. During that accident i got a fracture in my right thigh bone. Police official are saying that i did not applied brakes. Is the case filed against me is liable for compromise. Or we will have to fight this case till results
30 June 2019
What you say is correct facts your case may not be very strong one. Each party can justify his action.
What the law says is that the driver of a vehicle approaching an unregulated road intersection should give way to the vehicle passing along the main road, if he enters is a main road, and in other case give way to the vehicles on his right hand side. This is what the Section 9 of the "Rules of the Road Regulations, 1989"says.
The first part of the provision supports your case but the latter part says you should have allowed his to go as he has got preference in an intersection as a driver entering on your right side.
30 June 2019
Sir in the latter part i was on the right side of that vehicle. He approached me from the left hand side. Is their any chance for compromise between the two parties and how much time will the court case take for decision
01 July 2019
Did you file suit for compensation before Motor Accident Claims Tribunal? If so, you must have engaged some prudent lawyer, seek his/her opinion/guidance. If you have not engaged any lawyer you have no alternative but to consult and engage a local prudent lawyer. It would be better to consult and engage a local prudent lawyer with relevant documents for appreciation, analyses, guidance and proceeding . If you are located in Delhi/NCR and feel so, may contact me (on appointment) at: Chamber No 647, Lawyer's Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075 Cell # +91- 98991152939 email: email@example.com or visit: www.vakil-saab.com
02 July 2019
There are two aspects in the matter +one on facing the charges in the criminal Court, and the other approaching the MACT for claiming the injury. There is the option for pleading guilty to the charges in the criminal Court; but it may adversely affect your claim in the MACT.
05 July 2019
1. BOTH the parties can move Application, seeking permission to withdraw complaint and compromise. This usually allowed, IF the state does not file objections. 2. This being a simple case of Accident, the State usually doe not object and the offence is withdrawn.