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aman (teacher)     26 July 2013

Urgent expert advice needed in accident case ipc 304a

I met with an accident last year on highway,i was driving my car which collided with a motorcycle , strike to bike was from behind, minor damages to bike and minor bruises to bike rider, i got minor injuries while my wife who was sitting next to me died on spot (as written in fir because i was unconscious).FIR was lodged by police itself with 13 eye witnesses . bike owner got his bike repaired from bike insurance. now he filed a claim case against my car insurance company, he is claiming a very big amount though he don't have medical bills to support.iam not worried about the claim but need advice over criminal case as police lodged sections 304a, 279,337/184 MOTOR VEHICLE ACT OF IPC over me.my lawyer has not started the court case till today, he is just delaying the dates since one year. 

i need advice over points following:

1. do i need to change lawyer

2. can i settle case by compromise with bike rider

3. can i try to compromise with eye witnesses

4.is there any other complication in my case

5. what is the punishment in these type of cases

6.how can i save myself from blame of ipc304a , any other solution

PAPERS OF VEHICLE AND MY DRIVING LICENSE WAS VALID AT THE TIME OF ACCIDENT

PLEASE HELP ME AS SOON AS POSSIBLE.................



Learning

 3 Replies

aman (teacher)     26 July 2013

IAM FROM INDORE, MADHYA PRADESH

Waseem (Junior advocate)     26 July 2013

Mr. Aman, first let put the facts correct. do you mean to say that you were driving a car with your wife next to you and that you met with an accident n which you wife expired. Now is the FIR registered against you by the bike rider and are you charged for the alleged section of 304a.

So were you arrested for the alleged offence and if yes then when were you released on bail. Since when is the case pending. Has the chargesheet being filed by the Police. what is the compensation the biker is asking for.

Please answer thsi queries so that i can assisst you with best possible remedy avaiable.

aman (teacher)     26 July 2013

sir  yes it happened accordingly as you stated, yes i was arrested & released on bail just after that in may last year. yes chargesheet has been filed in may itself, but my lawyer has been delaying the case by taking next dates.biker is asking for 5 lakhs from insurance company(he filed another case for the claim)


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