praburam 16 August 2017

Motor vehicle acccident case

Hello All,

i met with an accident,Since old drunken man suddenly fall on my car in highways.he is severely injured in head and by god's grace,he is alive now.When intial investigation,it seems that he was drunked fully and taken to the hospital.Doctors started treatment after 24hrs followed by first aid.

My car has been taken to the police station and the next day,me along with my lawyer did the formalities and took the car out.Police had filed IPC 229 and 337 against me.

i have proper documents such as driving license,insurance,RC book.so i proceeded with claiming the insurance with the FIR filed

Kindly answer my queries now

1.how long does the case goes?

2.if we both are ready for compromise what would be the fine that i have to pay in court(since from the accident spot,they are calling me to get compromise)?

3.Insurance legal advisor is ready to join along with me to challenge in the court.what could be their role.Or does they simply agree and pay the amount whatever injured person is asking?

4.if i confessed or the case is closed,whether it impact my travel or during renewal of my passport?

Thank you in advance

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6 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 16 August 2017

If you settle the issue through compromise your insurer may not agree to pay the claim.

praburam 16 August 2017

Thank you Dr.Ramani sir.

Is it possible to advise me on Point 1,3 and 4.?

Siddharth Srivastava (Advocate) 16 August 2017

It is better to settle the case u/s. 229 and 337 IPC and for rest the injured may file claim in MACT court for which insurance company shall be liable to pay the awarded amount.

praburam 17 August 2017

Reg Medical report for the injured,whether we need to push Police to get from the hospital.

Or Magistrate will ask the police to submit,to see the severity,drunk percent of the injured during accident.

Kindly Clarify.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 17 August 2017

1.how long does the case goes?

This is a very difficult question to answer

3.Insurance legal advisor is ready to join along with me to challenge in the court.what could be their role.Or does they simply agree and pay the amount whatever injured person is asking?

If the case could not be settled for a reasonable amount, you take insurance person with you.

4.if i confessed or the case is closed,whether it impact my travel or during renewal of my passport?

Do not confess if it is a criminal offence. Confession should be your last option.