False fir in car accident case

Proprietor

I am a senior citizen driving vehicles since 1977 and I had no case or remark on my driving so far. Recently I met with an accident. In a Traffic junction at GST road near Vandalur at Kelambakkam road junction I was proceeding to Chengalpattu. I was stopped and the traffic on Kelambakkam road towards GST road allowed. Then the Kelambakkam road traffic was stopped and our side was allowed. I just moved my car and a bike rider from Kelambakkam road violating the manned signal tried to cross fast before we go consequently erased on my car number plate and fell down after a few meters. A lady in his pinion rider fell down and got head injury. All the people including the police regulating the traffic signal witnessing the scene told it was not my fault at all. Later police from the concerned police station came and asked me to take my car as it has to left at the Police station and next day to go to MVI test. At the Police station I wanted to give a complaint which he refused. He said the injured lady admitted to hospital is in very serious condition and if she dies, I would be arrested and let on bail. He got possession of my document copies and let me go home. 

I did not get any call from him or any other person from the PS. I went after two days and heard the injured lady was dead. They made FIR against me concealing the real facts and on getting a complaint from the bike rider. The bike rider in his complaint said I was driving rash and negligently and hit him consequently they were thrown off and hence the accident leading to the death of the lady. My car was taken to MVI test and I have taken my car to my home. A case was registered on me under sections 297 and 304A. The bike rider has claimed hefty compensation from my insurance for the death of his mother (the deceased lady).

The bike had no insurance at the time of accident. The bike rider and the pinion rider did not wear helmets. The bike rider rode the bike very fast violating the traffic manned signal. No spot inquiry and investigation was conducted by police. They made the FIR just on getting a complaint from the bike rider. The police who took me from the accident spot to the PS told if any one injured in an accident, the bigger vehicle driver would be charged with the case. That is their procedure as he told. I sent a complaint by post to the concerned SP of Police and DSP after two days. The Police take possession of my Driving license and said it would be suspended for atleast three months.  

Now the cas would come for hearing next month. What can I do? I would like to get expert opinions from our learned lawyers. Please share your views and advise. Also I woule like to engage an advocate for me at Chengalpattu court for this case.

 
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Scientist/Engineer

When an accident takes place neither the public nor the police try to find out who was at fault. The sympathies will be blindly with the smaller vehicle or pedesrrian or the party which was injured or died.  You have to hire an expert lawyer who specialises in accident cases. You can also take the help of your insurer to find a lawyer as it is in their interest that you are not found fault with. 

 
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Proprietor

Sir,

Thank you for your reply. I tried with my insurance co. No answer yet.

Trying to find a lawyer near Chengalpattu where the court would hear the case.

 
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Scientist/Engineer

You will be able to meet the lawyer of the insurance company in the court. Get the identity of police personnel who were at the site.

 
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