Accident mycar&cyclist,police files.u/sec.279/338
ashok sharma
(Querist) 22 January 2014
This query is : Resolved
while negotiating a round about ,connecting 4 roads,a cyclist hit back door of my car and fell down.I stopped the car and helped him get up. He claimed injury to his right wrist.An auto rikshaw suddenly appeared on the scene & took him away to hospital.Rider claims treatment for wrist fracture in a govt. hospital,where he claims he was admitted for 7 days. police filed case against me ,asking me to surrender & impounded my vehicle.Iam out on bail & got my car released from court.Awaiting charge sheet from police.
Car was at very slow speed due to round about,however,3 local people have become witness and claim negligent & rash driving.WHAT MAXIMUM PUNISHMENT THE COURT IS LIKELY TO AWARD.Rider is hail & hearty & had actually visited my house the very next day along with his family members & friends, asking for a huge compensation which i refused.
Sudhir Kumar, Advocate
(Expert) 23 January 2014
let him get compensation from insurance company he was treated in Govt hospital only.
Govt hospital generally do not have time to admit fracture cases unless there was any sugary involved. You have not clarified this.
If he seek huge compensation for negotiation then consult your lawyer for feasibility of filing case of extortion against him.
Threat to implicate or prolong a false case can also amount to extortion.
You re talking of witnesses. Such hobby witnesses at times do not turn up and if turn up badly break down in cross-examination.
Have a good lawyer.
Rajendra K Goyal
(Expert) 23 January 2014
Agree with the expert Sudhir Kumar ji. Well advised. Engage a good lawyer and proceed. Don't bow for illegal extortion. Let Insurance Company pay it.
J K Agrawal
(Expert) 23 January 2014
In such a case if a minor fracture is there the normal compensation is Rs 30 to 35 Thousand plus medical bills. If no fracture is there the compensation may be around 2 or 3 thousand plus medical bills.
If you have insurance of your car, do not worry any thing. the whole claim amount will be paid by insurance company directly.
prabhakar singh
(Expert) 23 January 2014
I HAVE TO AGREE WITHOUT ANY ARGUMENT WITH OPINION EXPRESSED BY Mr. J K Agrawal !
V R SHROFF
(Expert) 23 January 2014
Insurance company will pay compensaion etc.
You can bew jailed for nrgligent and rash driving. Chances to prove it is rare.
Now a days people, Police, Advocates, all concern try to get maximum insurance claim by filing false injuries, for which criminal case is a must. So they drag to Police station , filing FIR, even if slight injury. Probability to gain Lakhs..
And in serous injury in fight, Police don't even register case..IT IS MONEY BEHIND..
T. Kalaiselvan, Advocate
(Expert) 23 January 2014
I agree with Mr. Shroff's opinion on the issue. As rightly expressed, it is money behind....
Dr J C Vashista
(Expert) 27 January 2014
The case has been registered u/s 279/338 IPC, hence it is implied that the injury of the victim was assessed (by doctor) to be GREVIOUS, accordingly, proceed as explained and advised by Shroff ji
