Insurance claim
Raouf
(Querist) 02 April 2014
This query is : Resolved
My vehicle had an accident few days back in which a tourist was injured ( Fracture in arm . I took the injured to the hospital where doctors treated him for two days and suggested the surgery, but the tourist refused the surgery to be done in my state and left for his home, He gave his statement to the police and F.I.R. stands lodged, Now the same injured person is threatening me by making calls to my number and asking for 1 Lack rupees failing paying the amount he is threatening me that he will lodge a case against me in his state.
My vehicle is Insured ( Self as well as third party).
Kindly Suggest what can and shall I do.
Thank You
V R SHROFF
(Expert) 02 April 2014
FIR already lodged:
what remains to pay him 1L???
Rajendra K Goyal
(Expert) 02 April 2014
Don't bow to his threats. FIR has been already registered.
Sudhir Kumar, Advocate
(Expert) 02 April 2014
the FIR can be lodged only at the place where accident took
As far as injury is concerned he can lodge compensation where he sustained loss (in his native place) but not FIR.
Now he is threatening you with other untenable FIR in his state. Better lodge an FIR for extortion in your area where are you located without received his phone call.
ajay sethi
(Expert) 02 April 2014
agree with experts . next time he calls up record his conversation
Sudhir Kumar, Advocate
(Expert) 02 April 2014
some portion of IPC relevatn
Section 383. Extortion
Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any property or valuable security, or anything signed or sealed which may be converted into a valuable security, commits “extortion”.
Illustrations
(a) A threatens to publish a defamatory libel concerning Z unless Z give him money. He thus induces Z to give him money. A has committed extortion.
(b) A threatens Z that he will keep Z’s child in wrongful confinement, unless Z will sign and deliver to A promissory note binding Z to pay certain monies to A. Z signs and delivers the note. A has committed extortion.
(c) A threatens to send club-men to plough up Z’s field unless Z will sign and deliver to B bond binding Z under a penalty to deliver certain produce to B, and thereby induces Z to sing and deliver the bond. A has committed extortion.
(d) A, by putting Z in fear of grievous hurt, dishonestly induces Z to sign or affix his seal to a blank paper and deliver it to A. Z signs and delivers the paper to A. Here, as the paper so signed may be converted into a valuable security. A has committed extortion.
Section 384. Punishment for extortion
Whoever commits extortion shall be punished with imprisonment of either description for a term which may extend to three years, or with fine or with both.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Non-bailable—Triable by any Magistrate—Non-compoundable.
Section 385. Putting person in fear of injury in order to commit extortion
Whoever, in order to the committing of extortion, puts any person in fear, or attempts to put any person in fear, of any injury, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.
Section 386. Extortion by putting a person in fear of death or grievous hurt
Whoever commits extortion by putting any person in fear of death or of grievous hurt o that person or to any other, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.
Section 389. Putting person in fear of accusation of offence, in order to commit extortion
Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of an accusation, against that person or any other, of having committed, or attempted to commit an offence punished with death or with 1[imprisonment for life], or with imprisonment for a term which may extend to ten years, shall be punished with imprisonment of either description for term which may extend to ten years, and shall also be liable to fine; and, if the offence be punished under section 377 of this Code, may be punished with 1[imprisonment for life].
CLASSIFICATION OF OFFENCE
Para I
Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.
Para II
Punishment—Imprisonment for life—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.
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1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
Section 44. Injury
The word “injury” denotes any harm whatever illegally caused to any person, in body, mind, reputation or property.
Kumar Doab
(Expert) 02 April 2014
Record his calls and keep the memory card safely.
