Road accident case
Sandip kumar Sharma
(Querist) 27 April 2011
This query is : Resolved
12th March-2011 time-20.30 evening, my friend Sisu without having driving license purchased a old car ( maruti-model) from a pre-owned car dealer. As he does not know the driving the car dealer gave his driver to drive the car up to my friend house (03km away in same city). on the way both of them went to the temple to perform puja to the car. After priest comleted the puja he put 4 numbers of lemon at 04 wheels of car and handeb over the key to my friend just to move car on lemon My friend did not agree and told I can not,immediate afer he talked with driver if he can assist then he may drive just above the lemon. Driver told yes.
Then my friend went to driver seat and put the key to start the car while driver seating on side seat After few seconds driver instructed my friend to put your right leg on accelerator but my friend did not listen him and avoid him with fear that as per his experience in two wheeler vehicle may run suddenly , but again and again driver insisted him to go for accelerator finally the leg of my friend gone for accelerator and the vehicle suddenly rushed up to 4 to 5 meters and hit a 15 year child leg below knee and a pole aside of the road and stopped ( In hospital child leg has been removed from knee).Before my friend could understand any thing the driver run away in the dark and people beaten my friend and after 30 minutes police came and gave protection to my friend and taken to hospital .{ my friend belongs to Haryana working as an engineer in a private company and accident happend in Salem (Tamilnadu)where common people does not know Hindi and few of them know English slightly}While people beaten no body listen him (He is not only responsible for same but other driver run away ) After on day police called my friend and nothing asked him as police does not know hindi and english and my friend does not know Tamil.police himself through his advocate arranged the bail in court and told my friend in Tamil not to go any advocates place and after wound certificate will come I will send the court for final verdict and you don't have any problem in cut also. After 3 day my friend along with one local man went to police to ask about the FIR and found that FIR is lodged by Third party.As it is Tamil the local man translated in to English and my friend came to know in his name FIR ( IPC-279,337,338) lodged and the other driver name is not mentioned any part of the FIR. Then my friend asked police in english about the other driver police in Tamil told I am not aware about that and fabrication is not possible now, then my friend told its not fabrication its a fact but police not listened and he can not do any thing and tell the local tamil man tell your friend not to go any advocate. The my friend through his tamil friend asked police about the insurance ( as he is not having DL) police told they will get insurance you no need to worry.
Mean time my friend taken care child hospital expenses and arranged a artificial leg and child is about to walk smoothly.
Now my friend is with full tension and his mind went in to depression with a feeling that the compensation money may come to his head as license is not there. mean ime my friend asked the third person who gave the complaint how come you give comlain in my name alone , he told in tamil he has not seen him.
My friend went to the pre-owned car dealer to search the driver they told our driver has no mistake and now he left the job. And next day of the accident they changed the ownership to my frd name i.e. 14th Mrach and transferred the insurance to my frd name on 15th March.
seek your kind suggestions.pls help.pls help, pls help
adv. rajeev ( rajoo )
(Expert) 27 April 2011
You have told in your question that your frnd was on the driving seat then how come the other driver is liable.
Your frnd is not having valid driving license so ins., co., wont be held liable to pay the compensation, even though it is third party insurance.
You tell your frnd to take a letter from the injured child parents regarding the medical expenses made by your frnd. This is only solution for your frnd.
Kirti Kar Tripathi
(Expert) 28 April 2011
Your friend has only option as Mr. Rajoo suggested. Act accordingly.
Sarvesh Kumar Sharma Advocate
(Expert) 28 April 2011
pls help.pls help, pls help
?
what help you want in these situation?
i read full matter !
in 279,337,338 ipc your frient get bail asbailable offence!
very much tipical to prove/no one can prove rash driving !
in the claim matter yr friend is not the owner of the car at the time of accdent!
no need to worry!
can you post tottal papers (fir,chargesheet,site plan,injury report,technical inspection report of the vehicle and 161 cr.p.c.)
at my address!
