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familyfirst (service)     18 February 2018

Bike accident case and owner does not reside in india

BIKE_OWNER, Permanently Residing Outside of India since 2nd Feb 2014. Insurance policy of the Bike expired on 5th Sep 2014. LOWER COURT CASE : BELGAUM, KARNATAKA (ex-parte judgement passed) HIGH COURT APPEAL: DHARWAD, KARNATAKA (appeal by petitioner) 1. Before moving abroad, the BIKE_OWNER kept the bike at his Father In Law's residence with no intention of anyone riding it. BIKE_OWNER forgot to renew insurance on the bike which expired n Sep 2014. 2. Mr PILLION_RIDER approached my Father In Law (FIL) in early March 2015 to purchase the bike. At that time My Father In Law (FIL) believed that Mr. PILLION_RIDER had a valid Driving license. My FIL not being the owner advised Mr PILLION_RIDER that my FIL could not sell the bike to PILLION_RIDER, but instead as a goodwill Mr PILLION_RIDER being an old friend of my FIL could borrow the bike for some time for his and only his own personal use. 3. He also advised My PILLION_RIDER that when the BIKE_OWNER (i.e. me) visits India (Mr PILLION_RIDER could then approach BIKE_OWNER directly to purchase the bike). At this point in time my FIL was unaware that the insurance of the bike had expired. When I was informed I advised my FIL to inform PILLION_RIDER to purchase an insurance if he was going to use the bike. And which he said he did inform. 4. After borrowing the bike in a couple of day's time, Mr PILLION_RIDER took one Mr BIKE_RIDER who did not hold a valid driving license with him to travel out of city. Mr PILLION_RIDER made Mr BIKE_RIDER ride the bike. This was without my FIL's consent or knowledge. Needless to say this was also without BIKE_OWNER's consent and knowledge. Mr. BIKE_RIDER and Mr. PILLION_RIDER met with a very unfortunate accident (crashed into a illegally parked roadline truck) where both of them were declared as deceased on the spot. 5. A police report was filed and my FIL provided the statement as described above in point #2 and retrieved the custody of bike with the help of Mr. PILLION_RIDER's son. However Mr PILLION_RIDER's son continued to hold possession of the bike. 6. When Mr. BIKE_OWNER visited India in Dec 2015/Jan 2016 he came to known about the whole incident and the BIKE_OWNER immediately met Mr PILLION_RIDER's son and requested him to either return back the bike to us or if he was keen on owning it get it insured and transferred in his name. Mr. PILLION_RIDER's son agreed to getting the bike transferred in his name and took my sign on the transfer notice. However he has failed till date to do the same even after multiple reminders and personal requests. 7. Mr PILLION_RIDER's son also hid the fact that he and his family had filed a case claiming compensation for the Dependant's of Mr PILLION_RIDER. Summary: After the accident a few lawyers from Karnataka met up up Mr BIKE_RIDER's and Mr PILLION_RIDER's family and with the consent of the family of the deceased filed two individual court cases which was later merged together: Case i) Petitioner being Mr BIKE_RIDER's family and Respondent being a) Roadline Company b) Insurer A of Road line company c) Insurer B of Road Line company Case ii) Petitioner being Mr PILLION_RIDER's family and Respondent being a) Roadline Company b) Insurer A of Road line company c) Insurere B of Road Line company d) BIKE_OWNER (i.e. me) A judgement for this case was passed in Feb 2017 with BIKE_OWNER as ex-parte. (Legal letter may have been sent to me but were sent at my brother's address and my brother had refused to accept the legal letter stating that BIKE_OWNER does not reside at that address and that he was residing abroad. Apart from other orders, the judgement states that Roadline company and the BIKE_OWNER need to pay a compensation amount of Rs. XXXXXX plus simple interest to Mr PILLION_RIDER's family BIKE_OWNER was unaware of this entire case and judgement until BIKE_OWNER's brother received a second legal letter which he again refused to accept stating that BIKE_OWNER does not reside at that address and that the BIKE_OWNER has been living abroad. But this time he took a photographof the legal letter and shared the photo with me on phone. Using the reference case number provided on the envelope when BIKE_OWNER did an online search I found that the latest legal letter was related to an appeal being made by the same petitioners challening the judgement of a lower court(I am unaware of the details of the appeal). And using this new case number I could retrieve a copy of the lower court's judgement. This is the first time I came to know about the case and that a judgement had alrady been passed in lower court. 8. Now, contrary to the assumption made by many Indians that NRI's are very rich and have a lot of money I (BIKE_OWNER) actually have a difficult life abroad. With two kids and a wife to support, as a single earner I have to try very hard to make ends meet, especially as a new settler in a foreign country. And paying compensation of such an amount would add to my already existing woes. Also, I can't even dread of thinking of visiting India for attending a court case which would mean that I would go without earning for the duration of travel and also incur expenses on my travel with the BIG fear of losing my job, and job is very difficult to find here). 10. My FIL was also unaware of the court cases (and the judgement and appeal) until I brought this to his notice. On knowing this when my FIL spoke to Mr. PILLION_RIDER's family they stated that they are not interested in receiving any compensastion from me and that they understand that my FIL had lent the bike to Mr PILLION_RIDER in goodwill and faith. Mr PILLION_RIDER's family admits they had a filed a case to receive compensatsion from the roadlines company (and possibly their insurance company) but do not expect anything from BIKE_OWNER. But the court case and judgement says otherwise. 11. I have very limited contacts in India and I am permanently based in India from feb 2014 onwards. Honestly I am not sure where to go from hereon and how to handle this situation. I am 40 years old and the stress is affecting me both physically and mentally. Could someone here be able to advice me on what I should be doing? Whether I need to challenge the lower court's judgement and if yes how? Do I need to respond to the appeal and if yes how? And I have no clue whatsoever about what to do with those legal letters that have been sent back by my brother. I am a simple person who abide's by the law and I realize that I might have made a mistake of handing over the bike to someone without completing papers and also not renewing the bike's insurance (which even till date is without insurance and in custody of Mr PILLION_RIDER's son who has been avoiding transfer). How do I make the PILLION_RIDER's son either return the bike or get it transferred in his name?


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 1 Replies

Sudhir Kumar, Advocate (Advocate)     03 March 2018

Please write in understandable manner.


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