Car accident
vikash
(Querist) 25 July 2014
This query is : Resolved
dear sir i already mentioned my car accident case . on 22 july i went to district court to attend hearing. that only attendance was there and my lawyer told me that case are reopened till now. judge given me next date on 5 aug for counter file. my lawyer are saying may be next to next hearing we will come to know that case is going to be reopen or not.
sir i want to know if district court allow to reopen this case after 3 years. is there any provision or procedure to take stay on district court judgement from high court?
a short brief of my case:
i made an accident in mar 2011 in which a 9 year girl's right leg 's lower part amputated. i accepted my mistake in session court and court imposed me a fine of rs 2500 which i paid and case closed .i was in the position of having license, car insurance, no drunken driving, no rush driving even i took the girl to the hospital.that time i tried to make compromise with opposite party but he was not ready for written agreement , no cheque,no demand draft only hard cash he was asking so that i could not keep any record .but now after almost 3 year her father filed a petition to reopen the case in district court
Arvind Singh Chauhan
(Expert) 26 July 2014
I think your are confused. If you have deposited fine it will not be criminal case. It may be case of compensation in MACT.
If you have valid DL and insurance you need not to worry.
But as you have confessed your guilt. Insurance co. may refuse to compensate and may shift liability on you, as you were negligently driving. You have to explain in which circumstances you confessed your guilt and there was no fault in your driving or there was contributory negligence.
P. Venu
(Expert) 26 July 2014
It appears the subject matter refers not to compensation in MACT, but to the criminal case relating to rash and negligent driving. The matter would have been tried by the Magistrate Court and having pleaded guilty, a fine would have been imposed.
It appears that the appeal would have been filed on behalf of the victim. The appeal is liable to be admitted.
T. Kalaiselvan, Advocate
(Expert) 27 July 2014
If it is an appeal against the orders of the lower court you may have to face it. See what is her claim in the appeal and then decide about next course of action.
