(Querist) 06 November 2021
This query is : Resolved
My wife was booked under IPC 338 in an accident case. She pleaded guilty and paid 1000 rs as fine in the court. My wife had valid Driving License, RC, Insurance at the time of accident. Complainant filed an Motor accident claim petition under MV ACT 163A, 140C asking for 1 crore compensation. As per internet resources, it is written that insurance lawyers will fight the case and my wife will become exparte My question is 1. should we hire a lawyer to defend ourself and how much he charges approximately? 2. As she is exparte, does she has to appear in court during judgement? 3. Is my wife is liable to pay any amount if court passes judgement?
Me and my wife are primary school teachers and we cannot pay any amount. Please guide us in right direction.
(Expert) 06 November 2021
Causing grievous hurt by act endangering life or personal safety of others.--Whoever causes grievous hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both. So ask your own counsel who knows everything.
Dr J C Vashista
(Expert) 07 November 2021
Your wife should (must) engage a local prudent lawyer to defend the claim.
(Expert) 13 November 2021
Yes, the Insurance Company is liable in defending the matter before the MACT and payment of compensation, as ordered. Your wife having pleaded guilty and remitted the fine amount, is no more liable.