Sec 279 and 337 Of IPC

Manish (Querist) 23 February 2011 This query is : Resolved
I was driving my car and met with an accident some days ago.The other two persons were on their bike and the person sitting on the back of the bike got injured.Some one called the ambulance and it took that person to nearest hospital.I was in a hurry as my father was also in hospital and i left the place of incident as soon as the ambulance took the injured. After two days of the happening of incident the other party lodged the complaint and police registered the FIR under Sec 279 and 337 Of IPC.Though i got bail but the car is still in the possession of police for which application for superdari is already made.What is the best thing which can be done in this case, compromise between the parties and if no compromise comes into existence in future then how long the case would take and what the ultimate result will be,Punishment in form of fine or imprisonment or both and how to avoid imprisonment in this case.

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adv. rajeev ( rajoo ) (Expert) 23 February 2011
If your car has got 3rd party insurance coverage then insurance will be held liable for the compensation if compensation claimed by the injured in accident case.
In the criminal case it is better to contest the case.

adv. rajeev ( rajoo ) (Expert) 23 February 2011
If you plead the guilty you will be penalised and fine amount may be Rs.1000 to 2000/-

indrajit mukhopadhyay (Expert) 23 February 2011
Being the owner of the vehicle you appear on the court and pray for returning of vehicle, if all the documents are ok then you will soon get it back.
if you don't want to contest the case then plead guilty and pay the fine.
if your vehicle is insured then insurance is liable to pay the claimed amount.

Manish (Querist) 23 February 2011
Thanks to all for the immediate replies but the thing is that car is in my father's name and application for superdari is already made with my father as applicant and car will be released in a day or two as said by the advocate.Further information which i forgot to mention is that judge has given the date which is after almost two months i think.Now as Mr. Rajeev pointed that its better to contest the criminal case and he and Indrajit Mukhopadhyay also pointed to plead guilty and pay fine, i want to know what should be done.If to contest then how long the case would take to complete and what shall be the consequences(( CAN IMPRISONMENT BE IMPOSED ON ME )) and if to plead guilty and pay fine then what is the procedure and what shall be the consequences .What is better

Manish (Querist) 23 February 2011
And my car has third party insurance. I have my valid Driving License and RC of car

Manish (Querist) 23 February 2011
If im pleading the guilty and paying subsequent fine,then what will happen? WILL NO IMPRISONMENT BE IMPOSED AND CASE WILL GET FINISHED Or what is going to happen after i am pleading guilty and paying fine

Guest (Expert) 23 February 2011
don't worry. contest the case you will have enough chances for acquittal. But appoint an expert advocate in accident cases. If you admit guilty for the time being you will get relief. But you become a convicted person. If your are a government servant it will be in peril/ or going into govt service.

If the compensation claimed in motor accident claims, the contest of criminal case taken into consideration. If you admitted the guilty you have also(owner)has to pay compensation along with insurance company to the claimant.
better contest.

Amit Minocha (Expert) 24 February 2011
normally lok adalats are held regularly. Get your case listed there and pay fine and end the litigation.

Ajay Bansal (Expert) 24 February 2011
It is a small matter.So contest case.

Manish (Querist) 06 June 2011
My case is going on.I want to file application for getting passport.So i want to know will this case has any effect on getting passport.Also want to know the effects of this case on employment.In future i may not be able to attend all hearings so do i have any option of representation for this case ?If in future i want to go abroad for employment , can i go ? .....Waiting for immediate reply

Manish (Querist) 07 June 2011
Waiting for reply from all experts.....

Sec 279 and 337 Of IPC

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