Civil Procedure Code (CPC)

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Mact notice received and ipc 338 chargesheet filed

Querist : Anonymous (Querist) 23 July 2021 This query is : Resolved 
An chargesheet is filed in the court under 338 IPC for an accident case. The injured filed an petition in MACT court for compenstation .
Are the criminal case procedings for 338 are set aside and can get acquitted ?
Dr J C Vashista (Expert) 23 July 2021
Motor accident case is to be charged and tried by Magistrate under the provision of section 279 / 338 IPC and not solely under section 338 IPC,
Recheck.

Motor Accident victim shall be compensated by Tribunal, if there is a proceeding in the Tribunal which is different to criminal case (FIR) under section 279 / 338 IPC, despite the fact claim is based on same accident.

It is better to consult your lawyer, if engaged. Otherwise, it is advisable to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional guidance and necessary proceeding.
Dr J C Vashista (Expert) 23 July 2021
Generally accused is being convicted and punished for the offence committed u/s 279 / 338 IPC .
Advocate Bhartesh goyal (Expert) 23 July 2021
Yes ,nature of both cases are altogether different. In case u/sec 279 & 338 of IPC ,sentence and fine is imposed on accused whereas in MACT case compensation is awarded to victim . you have to cotest/defend both the cases seriously.If you get acquitted in case u/sec 279/338 IPC then definitely you will not be held liable to pay compensation to victim in MACT case and only insurance company would be liable else you will also alongwith insurance company held liable to pay compensation to victim
P. Venu (Expert) 23 July 2021
It appears that the vehicle was insured and the driver had a valid licence. as such, in my understanding, accused can plead guilty on payment of fine. Pleading guilty would not have any impact on the MACT proceedings which would be contested by the Insurance Company.


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