About the accident claim
Adv M.D.Azhar
(Querist) 31 July 2014
This query is : Resolved
Respected Senior Lawyers,Sir i have received one case of accident claim in which the fact is that, couple going to home on their bike, the applicant came rushly driving his bike and dashed with the couple who were going to right side of the road. coupled got injuries as well as the applicant. Couple Complained against the applicant in the police station for alleged incident. Than after applicant was released on bail. he has not filed any complain yet. Now the problem is that he has filed Claim, saying in his petition that couple was driving their bike rushly and he has filed complain against them that is completely vague contention. the complain on which he rely is given by the opponent. now i want also to file the claim petition but only fault from my side is that my client bike was not ensured at the time of the accident. so what remedy i have? may i file application under c.p.c. o.7,R.11 to set aside the applicant's petition because of the untruth pleadings? Guide me.
Sudhir Kumar, Advocate
(Expert) 01 August 2014
If the bike was not insured then he is likely to face another charge from police. Let him settle out of court as he will have to pay compensation from his pocket.
P. Venu
(Expert) 01 August 2014
Is there any FIR of the incident?
Rajendra K Goyal
(Expert) 01 August 2014
Better reach for an out of court settlement. Agree with the expert.
ajay sethi
(Expert) 01 August 2014
agree with experts
Adv M.D.Azhar
(Querist) 01 August 2014
yes F.I.R. has been lodged by the opponent. and not by the applicant.
T. Kalaiselvan, Advocate
(Expert) 03 August 2014
what is the result of the police complaint case by the court?, You said that the couple went on a wrong side but they lodged a complaint and their bike was not insured, thus the applicant has a case against the couple, check it up with the police that how did they conclude the case and have submitted before the court.
