Effect of section 427 ipc
Annu
(Querist) 08 June 2013
This query is : Resolved
SIR MY CAR WAS PARKED OUTSIDE MY HOME.SOME REPAIRING WORK WAS GOING ON IN A HOTEL NEXT TO MY HOME ND A STONE WAS EITHER DELIBERATELY THROWN ON MY CAR S WINDSCREEN OR IT WAS ACCIDENTAL.THE FRONT WINDSCREEN IS COMPLETELY DAMAGED.I HAVE CALLED POLICE ,SUBMITTED A COMPLAINT ALONG WITH PHOTOS OF BROKEN GLASS.POLICE HAS REGISTERED THE CASE UNDER SEC 427 OF IPC AGAINST THE HOTEL S OWNER.
1.POSSIBLE OUTCOMES OF THIS CASE?
2.WLL I BE GETTING COMPENSATION?
3.WHAT NEXT STEP SHD I TAKE?
Rajendra K Goyal
(Expert) 08 June 2013
You should file a case for damages from the Hotel owner and the Insurance Company.
Annu
(Querist) 08 June 2013
rajendra sir...will i b getting compensation from both the parties.
Rajendra K Goyal
(Expert) 08 June 2013
no, from one party or jointly as decided by the court on the basis of facts before it.
Raj Kumar Makkad
(Expert) 08 June 2013
It would have been better to amicably settle with the hotel owner instead of initiating such long litigation as you both are neighbours and hotel owner mus have compensated you.
Anyway, proceed as advised.
Sudhir Kumar, Advocate
(Expert) 10 October 2013
Good you asked
"ajendra sir...will i b getting compensation from both the parties. "
you think perhaps none other is move clever.
Dear sir, insurance and compensation cannot be a profitable proposition. Law is against unjust enrichment. You can get losses from one party.
The loss not covered in insurance can be claimed from third party.
Sudhir Kumar, Advocate
(Expert) 10 October 2013
is it same accident discussed at
http://www.lawyersclubindia.com/experts/effect-of-section-427-IPC-398171.asp#.Ula3iFPQzmk
