Legal enquiry
basila
(Querist) 26 September 2013
This query is : Resolved
Respected Madam/Sir, I am sending this message for a legal help. 2 month ago while our family returning from kochin to palakkad met an accident near by Ollur thrissur. my brother driven the car who have valid driving licence and aged 22. we were going on ollur to thrissur road at normal speed and in kuriyachira junction a bike with two persons suddenly cross from the opposite side of the road . My brother tried to stop the car but unfortunately hit them and two were injured . Now they recovered from the hospital.The Police charged the case u/s ipc 279/338/146 read with 196 . one day a police called us by phone come with two person and take bail from the court. we bring a advocate from palakkad and took bail and the next hearing on next month 15th. We have no influence and none of known persons in this area.The One more bad thing is the car was rented one (rent a car basis) after the accident we noticed that car was not insured. we lost more money up to this date, we repaired the car to this car owner. for the First visit of the advocate collected 3000/-and other expenses 2000/total 5000 gone. My brother is just completed his course and begin to grabbing job. we are feeling about his future and how much amount going to lose. we are from below middle class family. We couldnot paid any amount to the bike riders because we have no money at that time and the time was 11pm with small children and ladies standing on road unsafely. one of the family member gone with them to hospital. A police jeep came at that time and take us to the bus stand and we came to our home. the next day we gone to police station and they said go to your home .we will call you with in 3 days at that time you come. After 3days the police not call us we directly go to the police station and released the car. At that time we know that the bike rider not have a driving licence. The bike riders are the residents near by the police station and one police officer is relative to them. so they prepared well for their side. we have no power, no money, no influence and strange place. we dont know how they demand if we go for a compromise. we afraid of our son's career . Kindly help us what we should do in this situation. what good decision to take.Mistake done purely by the bike riders, because they did not follow any rules and regulation while crossing a main road.And all faults written on our side. So Kindly suggest us what good decision to take.
Sudhir Kumar, Advocate
(Expert) 27 September 2013
SO you brother was on wheel and came on road in an uninsured car.
Now you have no ground to say
"Mistake done purely by the bike riders, because they did not follow any rules and regulation while crossing a main road.And all faults written on our side."
Sudhir Kumar, Advocate
(Expert) 27 September 2013
further it does not appear that advocate charged too much for the bail. It is not worth the torture he would have faced in jail.
Sudhir Kumar, Advocate
(Expert) 27 September 2013
you have not at all stated how much was the injury? whether any permanent loss of body part? whether the bike was insured?
basila
(Querist) 27 September 2013
Both of them injured in head and recovered and they have no permanent body loss. The bike rider have no driving licence
Raj Kumar Makkad
(Expert) 27 September 2013
The claim petition can be filed in the given facts and the same shall be recovered from the driver and owner of offending vehicle.
M V Gupta
(Expert) 02 October 2013
you have stated that ur brother obtained bail from the court. It appears that the police have booked ur brother for rash and negligent driving. Hence u have to defend ur brother in the case by denying the allegation. Better u engage a good lawyer who is practicing in the court where u had obtained the bail. So far as the injured persons are concerned if they want to collect any compensation for their injuries they have to approach the Motor Vehicles Tribunal which they do not appear to have done. As they have not sustained any serious injuries they may be awarded actual expenses incurred by them for their treatment.
