Liability of paying claim amount in mvop cases

Querist : Anonymous (Querist) 26 March 2022 This query is : Resolved
A person was hit by my car and suffered multiple fractures. IPC 338 was filed against me and currently the court case is still pending in court. I pleaded not guilty and requested for fair trial.

Now the injured and their family is not ready to settle the case (even though it was not my mistake and injured was walking in the middle of the road. Even took the injured to near by hospital and paid amount for first aid till their family comes).

Now the injured filed an MVOP case claiming huge amount from me and my insurer.

Now what should I do?
1. I have third party insurance coverage to my vehicle along with all valid documents.
2. If the court judgement is huge compensation, do I need to pay along with insurance company?
3. When the criminal case outcome is not yet decided, does the same trial happens in civil court.
4. If the outcome of criminal case is conviction, will I be sent to jail immediately.

Apologies for asking so many questions as I belong to middle class family and I am a high school teacher.

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Quick Summary

This discussion addresses the liability of a driver involved in a motor vehicle accident (MVOP) where the injured party has filed a civil claim. The driver, facing a pending criminal case (IPC 338), is seeking clarification on their financial responsibility, especially if the compensation awarded exceeds insurance coverage. The advice suggests cooperating with authorities and seeking legal counsel, noting that the third-party insurer is obligated to cover claims decided by the court.

Dr J C Vashista (Expert) 28 March 2022
The injured is stated to have got multiple grievous injuries for which it is advisable to cooperate investigating agency and contest the case(s) through a local prudent lawyer.

P. Venu (Expert) 28 March 2022
As the vehicle is covered by a valid insurance, the insurance company bound to satisfy the claim, as decided by the Court.

As to the offence of 338 IPC, you have option to plead guilty.

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