Road Accident!

Querist : Anonymous (Querist) 15 May 2017 This query is : Resolved
Hi!
I need some advice on my ongoing case of road accident taken place last year in June.

I was driving a friend back home around 12.30 in the night and the traffic signals don't function at that time. We were in a four Wheeler driving straight and it was raining heavily. Suddenly a two Wheeler activa came in front of us who wanted to go towards the right direction coming from the opposite side as it was an intersecting road. I was going straight and the activa was coming from the opposite side wanting to take a right. There was a man and woman on the activa. The lady was sitting in a one side leg way on the activa and due to the centre area of the car (number plate is) pressing with her legs she had a fracture in her legs. The activa and the man where not injured as I suddenly had stopped the car but couldn't control the lady's foot injury.
Me and my friend rushed her to the nearby hospital and got her treatment started.
The man and lady were neighbors and not related therefore the man was not willing to stay back with the lady however he informed the lady's relatives and then left.
The lady told the doctors that it was not our fault buy however expected a compensation of ₹1 Lakh.
Me being a middle class person did not will to pay the amount as it was not my fault on the major side.
I offered her a reasonable compensation but she however refused and wanted to file a complaint.
Her relatives along with the neighbor went to the police station and filed a complaint.
The neighbor dint want to get into legal proceedings and therefore had a word with the lady and they then decided to give a statement to the police saying it was not my fault and not file any complaint.
The normal proceedings took place and after a month I got a call from the police station saying that I have to be there as the lady has filed a complaint.
They again tried to settle it off by asking compensation but I refused as any amount of ₹10000 and more is a lot of money for me to spend on something I dint have fault to.
Then a court case was filed and I hired a lawyer and the procedure started. I am totally unaware of these legal proceedings. When I was called for the first time in front of the judge I was told by my lawyer to answer " Not Guilty" when asked by the judge.
The second time they called me and then was called by the judge and given a further date. My date is approaching soon and a trial is supposed to begin soon.
I have been accused of rash and neglected driving and danger driving and causing injury to other party ( 2 /3 of these accusations)

I want to know :
1.) What is the right thing to do at this point?
2.) What if I loose the case?
3.) What if I win the case?
4.) What are my chances of winning the case?
5.) Is this a criminal case or civil case?
6.) Am I now to have criminal record on me for the rest of my life?
7.) Will I face issues for my passport and visa applications?

I am facing a lot of issues with these queries and would request you to help me with answers but please not in legal language. Something which I can easily understand.

Thanks in advance!

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Guest (Expert) 15 May 2017
Accident Cases will not create any Criminal Record.Your Advocate had advised you correctly.You should only stick on and insist you are not guilt.Mostly the case would end up in paying some Penalty Or acquittal.You should have included the Activa and its Rider in the Case.Any how no Problem and nothing to worry.Act as per the guidance of your advocate

Rajendra K Goyal (Expert) 15 May 2017
No reply to query from an author who is anonymous.

Guest (Expert) 15 May 2017
Anonymous Qyery

Kumar Doab (Expert) 15 May 2017
AQ,NO reply.

Guest (Expert) 16 May 2017
Agree with Experts

Sudhir Kumar, Advocate (Expert) 16 May 2017
1.) What is the right thing to do at this point?

YOU ARE ASKING THIS NOW AFTER COMPLICATING THE MATTER WHICH WAS GOING TO BE SETTLED IN JUST RS 1 LAKH.

NOW YOU WILL PAY THAT 1 LAKH (OR MAY BE MORE) WITH INTEREST AFTER PAYING SO MUCH TO YOUR LAWYERS AND SUFFERING TWO COURT CASES.

Guest (Expert) 16 May 2017
Agree with Expert

Sudhir Kumar, Advocate (Expert) 16 May 2017
2.) What if I loose the case?

IF YOU LOSE YOU PAY THE COMPENSATION.

YOU HAVE HIDDEN THE FACTS WHETHER BOTH THE VEHICLES WAS INSURED AND BEING DRIVEN AS PER INSURANCE GUIDELINES. YOU HAVE ALSO NOT SHARED WHETHER PERSON DRIVING SCOOTY IS ACCUSED/COMPLAINT OR RESPONDENT IN CIVIL CASE.

+

LOSING CRIMINAL CASE HAS THE PERIL OF BEING IN JAIL.

Sudhir Kumar, Advocate (Expert) 16 May 2017
3.) What if I win the case?

BY THAT TIME YOU HAVE ALREADY SPENT MORE THAN ONE LAKH WHICH COULD HAVE SAVED YOU FROM HARASSEMENT.

Sudhir Kumar, Advocate (Expert) 16 May 2017
4.) What are my chances of winning the case?

ASTROLOGICAL QUESTION

Sudhir Kumar, Advocate (Expert) 16 May 2017
5.) Is this a criminal case or civil case?

BOTH

POLICE WILL FILE CRIMINAL CHARGE SHEET AND THE VICTIM WILL FILE MACT CASE.

Sudhir Kumar, Advocate (Expert) 16 May 2017
6.) Am I now to have criminal record on me for the rest of my life?

YES. AS YOU OPTED

Guest (Expert) 16 May 2017
Mr.Sudhir Kumar Please Legally Justify How Such Accident Cases which would be Only Civil Nature would Create any Criminal Record Please.

Sudhir Kumar, Advocate (Expert) 16 May 2017
7.) Will I face issues for my passport and visa applications?

YES AS YOU OPTED.

Guest (Expert) 16 May 2017
Mr.Sudhir Kumar Please Visit your near by Police station.

Guest (Expert) 16 May 2017
You would find three Depts in Police.Law & Order,Crime and Traffic.

Guest (Expert) 16 May 2017
All Accident Cases would fall under Traffic Police only.

Guest (Expert) 16 May 2017
Pass Port and Visa application would only Insist on Criminal Records Only.

Guest (Expert) 16 May 2017
Accident Cases will fall under Traffic Police and will not create any Criminal Record Please.

Guest (Expert) 16 May 2017
Or else Mr.Sudhir Kumar Please Legally Justify Your Statements.

Guest (Expert) 16 May 2017
How an Accident Case would create a Criminal Record Please in this Case/Query

Guest (Expert) 16 May 2017
Waiting for your Reply Mr.Sudhir Kumar

Adv. Yogen Kakade (Expert) 16 May 2017
Anonymous query..

Adv. Yogen Kakade (Expert) 16 May 2017
No answer..

Querist : Anonymous (Querist) 20 May 2017
Mr. Sudhir Kumar
Firstly I asked for polite suggestions not your rude and judgemental answers!
Secondly maybe 1 Lakh is JUST for you but it's a huge amount for me ok?
As I opted? Just answer yes or no!
You should please learn to answer politely.

Guest (Expert) 20 May 2017
Waiting for your Reply Mr.Sudhir Kumar Please

Road Accident!

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