Motor accident case and imprisonment

Querist : Anonymous (Querist) 16 April 2022 This query is : Resolved
A person was hit by my vehicle and got multiple fractures (though it was his mistake). The injured is wealthy enough to get treated in reputed hospital and got all medical expenses covered under their medical insurance.

Now I was booked under IPC 338 after the injured's family members made a complaint in PS.

police took my signatures on 41A notice (but i didn't got a chance to read it and no one told me anything).

They called me 3 days after saying that they will give me station bail. when I reached the police station, i was arrested and produced before judge (i got bail with the help of local lawyer in court premises).

Now the injured's lawyer called me and informed that they filed a petition claiming 1.5 crore compensation from me and my insurer and i would get notice from court soon.

Being a middle class government school teacher, i am completely pressurised and feeling hopeless as two cases are on me . (criminal and civil)

what can i do here? please suggest i have a family that is depended on me?
will I be sent to jail ?
how many years these cases will take to end?
do i need to pay money in MVOP case ?

Please provide some valuable suggestions here what should i do and get out of this mess.

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Quick Summary

A government teacher is facing both criminal charges (IPC 338) and a civil compensation claim of 1.5 crore after a motor accident, despite the injured party being at fault and fully insured. The teacher is concerned about imprisonment, the duration of the cases, and potential financial ruin. Experts suggest that the insurer will likely cover compensation, and the criminal charge can often be resolved by pleading guilty through a lawyer and paying a fine, which typically has no impact on employment or civil liability.

Dr J C Vashista (Expert) 17 April 2022
Repeated query, see response of experts in original thread.

P. Venu (Expert) 17 April 2022
There is no cause for much alarm. The vehicle being insured, the the insurer is liable to pay the compensation as decided by the MACT.

As regards to the charge of offence under Section 338, the prevailing practice is that you could plead guilty through an advocate and pay the fine and the get the matter disposed of.

Pleading guilty on payment of fine is of no consequence as to your liability in the compensation claims or your employment (as the offence doe not involve moral turpitude).

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