Tarun Sharma 25 July 2017

Case under section 337, 338 279

Hi,
This is regarding FIR against me as my car met with an accident.Briefing the incident,I was in the middle lane and was waiting for green light to take a left turn.Suddenly a bike came from bend with approximately 40-50 kmph speed and hit my car from left side.As there speed was fast and they were three sitting in the bike without wearing helmet fell down with minor injury on nose and leg.I took them to near hospital and ask them what they want.They asked for huge amount of money which we denied to pay so they lodge a complaint(IPC 279/337).That time they dint have bike documents also which they arranged after1 month.But when i got notice from court there they have mentioned section 279/337/338 IPC which were actually 279/337 when i got the copy of FIR.I need help to understand why they have put 338 IPC later on and how strong is my case.And this case happened in delhi and now I m posted in Pune.
Please help.

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3 Replies

Raveena Kataria (Advocate ) 26 July 2017

Hi, perhaps what you can do is file an application for plea bargaining u/s 265 of the CrPC. Since the case instituted against you is based on a complaint made to the police, the settlement that has to be worked out between you and the victim will require the presence of the public proscutor as well as the investigating police officer. You will also be allowed to have your pleader (advocate) present during such meeting where a 'mutually satisfactory disposition' has to be worked out.

In my opinion, it will not be easy in such a scenario for the victim to demand an unreasonable amount of compenasation. However, I'd suggest that you promptly get in touch with a local advocate who can guide you as to the most reasonable options in your case.

Tarun Sharma 27 July 2017

Thanks Raveena for your valuable suggestion.If in case I ask for settlement then who has to pay the amount? Is it the insurance company or me?

Raveena Kataria (Advocate ) 27 July 2017

Well, that may depend on the terms of the insurance contract you have with the company. However, most likely (in my opinion,) the compensation will have to be made by you personally to the injured party.