Accident case under ipc279 & 337

Senior engineer

Hai,

 

This is vigensh from tamilnadu. I have a seious doubt about a case filed on me.pls help me to recover from this.

Last sunday 28th Oct '12. I'm met an accident with my car and Auto.Damage happens to both auto & car. In Auto 3 peoples + driver injured no major cause. In my car self and relative injured. 

Actually the auto driver's mistake and also he made druken drive.unfortunattely the ambulance went to private hospital, and we couldn't get the drunken drive certifiacte for him...it's major mistake by us.

Now the case filed on me under IPC 279 & 337 for rash driving..Now, the problem was i don't have a Insurance for my car..and also the auto driver doesn't have license(He has not renewed) we both taken the vehicles form RTO..I payed my fine for not having Insurnace in RTo..

I'm in a serious confusion..please advice me the possibilities to prove the Auto driver's mistake.....what is the punishment will be given for me, bcz the case filed on me.

 
Reply   
 

If proved in court and if accesed and valuated the damages from the accident any asset will be attached and recovered monetarily to help victim damage value. Hence you need to prove that accident would have been avoided if driver wouldnt have drunk. Justice will prevail

 
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Criminal Lawyer

The punishment is not important u/s279,338ipc as it is only fine of 1 or 2 thousand as magistrate finds fit .The important thing is that the passangers or any passanger or any person sitting with you in car claims any losses from you as you do not have insurance at the time of accident .So,just wait and watch for any motor accident claim .Take regular bail from court .
 
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Advocate & Notary Public

There are  two liablies  in your case. One is criminal liablity and other one civil liablity.

 
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Senior engineer

Dear all,

Thanks for your reply.. Actually i don't have any mistake with me...My car also damaged and who should pay for this..is there any chance to put case on auto driver...


If there is a chance to give the liabilities for the injury of passengers how much it will be????

Please advice me....Thanks in advance..

 
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ADVOCATE

it would have been very prudent for you to point out the drunken state of the auto driver to the traffice police while the FIR was being recorded and his medical examination should have been got done in a govt hospital so as to shift the criminal liability on him

 
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