IPC 337 case

This query is : Resolved 
 

(Querist)
22 July 2011

Sir, I am government employee in Andhra Pradesh and while returning to home i was involved in an accident without any fault of me, as an old lady crossed the road in the non-designated spot and immediately i have applied the breaks and tried to avoid the accident but the bike got skid and dashed her. She was hurted and her hand and leg were fractured. Also the bike was owned and is on the name of my brother and there was no insurance policy to that bike. And i was arrested and put to court and i have came out through the bail within 24 hours. Now what should i do i can prove that i have not rided the bike negligently but the problem is that the bike donot have the insurance policy. Please help me i im in huge prob as i am a govt servant.
Pl send solution to my problem.


THANKACHAN V P (Expert)
23 July 2011

1.Since she had fracture the offences charged against you are under 279 and 338 of IPC.
2.If your bike does not have insurance then the RC owner(your brother) and Driver(you)of the vehicle will have to pay the compensation ordered by the Motor Accident Claims Tribunal.Usually Motor Accident Claims Tribunal are very liberal in awarding compensation.
3. Criminal court may permit you to plead guilty by paying a fine of maximum2000/. But we cannot say what will be the amount awarded by the MACT. So it is better to reach an amicable settlement with the injured.

valentine thakkar (Expert)
23 July 2011

I agree with Mr. Thankachan.

venkatesh Rao (Expert)
24 July 2011

I am not in full agreement with Mr. Thankachan. Admittedly yor are a government servant. More responsibility is cast upon you. The presumption is that you always conduct in a lawful manner. You were expected to carry a vehicle having all valid documents. You may be proceeded departmentally also.
Since pleading guilty amounts to admission, you are sure to be convicted and it will be a stigma on your service. It is not the amount of fine that matters, but the repercussions and consequences that it poses on your service.
If you have a good defence, pl stand trial and come out honourably. My advice as a government servant is not to plead guilty at the first hearing but to face the trial.

prashant pundhir (Expert)
25 July 2011

Not agree with Mr.Rao .As the said vehicle was not insured ,so the owner of the vehicle is liable to pay the compensation to that lady if she goes to the M.A.C.T .
It will be better for you that you made an outside court settlement with that lady but very carefully .

Ajay Bansal (Expert)
25 July 2011

See A.I.R. Manuals.

Arun Kumar Bhagat (Expert)
07 August 2011

Since it is not a case of moral turpitude, your service is not going to be affected. At best It was an negligent act not an offence though punishable under IPC.



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