Accident case
kehar singh
(Querist) 24 November 2014
This query is : Resolved
Sir,
One day Mr. X hit my car and ran away from the spot may be due to Traffic congestion and I lodge a FIR in the nearest Police Station.
Later on Mr. X came to the Police Station and the Police Officer told us to compromise the case if it can be else he would registered the case.
On his request I agreed to get my vehicle repaired through Insurance but at the same time I wanted some amount from him to cover the cost of plastic items which is normally not covered under insurance policy.
He also agreed to pay the Y amount and we both signed one compromise letter without mentioning the matter relating to money and mode of repair to be taken by me. The main part of the compromise letter speaks like this -
"....we both the parties have agreed to resolve the issue and the same has been mutually settled. There is no further complain from either side hereafter, Thus the matter may be treated to have settled please "
But after submission of the compromise letter to the Police officer Mr. X refused to pay the Y amount on the spot but started requesting to give him some time to manage the amount.
I accordingly allow him 15 days time but even after elapse of 15 days period he is now not ready to clear the payment on one or the other ground.
In such circumstances, can I re-approach the Police Station or file the fresh FIR against Mr. X saying that he did not clear the payment which was mutually agreed to while preparing the compromise letter though the fact is not mention in compromise letter.
My apprehension is that now Mr. X may say that he has never said that he would pay Y amount.
Pl help me though it is the case of Rs. 5000/- only.
What could be the other legal ways to get the amount.
Kappil Cchandna
(Expert) 25 November 2014
Dear,
Better send him a legal notice on the basis of this compromise deed....
Kapil chandna adv, 9899011450
kehar singh
(Querist) 25 November 2014
Dear Kapil Sir,
But no where in the compromise deed it is mentioned that he would pay me Rs. 5000/- so will my case stand before the court.
how can I prove that he had agreed to pay me Rs. 5000/- in the court later on. I don't want to just throw stone where result is not likely to come in my favour.
Pl give concrete reply.
Anirudh
(Expert) 25 November 2014
Dear Mr. Kehar,
You are right. You will neither be able to prove (i) that he agreed to pay Rs. 5000 to you; nor (ii) that he did not pay Rs. 5000. I am happy that you are quite clear in your thought process and able to see the futility of sending any legal notice without sound basis.
In the circumstances, you have no option, but to give up any thought of ever getting/receiving Rs.5000.
ajay sethi
(Expert) 25 November 2014
agree with Mr anirudh
Rajendra K Goyal
(Expert) 25 November 2014
Proceeding with any legal case at this stage would be time and cost consuming, costlier than the amount involved. Better forget the matter.
R.K Nanda
(Expert) 25 November 2014
agree with experts.
T. Kalaiselvan, Advocate
(Expert) 27 November 2014
If the orally agreed amount does not finds a place in the written compromise agreement, there is no question of breach of agreement so you stand losing the claim though being a genuine one, hence as rightly advised by experts, you may forgo the entire event as a bad dream.
