Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sarita Kumari   07 December 2022

Accident and claim

Hello everyone!

Inputs would would be appreciated on the below query.

A bike rammed a standing car and the rider who works in defence was drunk. The fellow who was accompanying the rider was on another bike and requested the car owner not to lodge any complaint and whatever damage has occurred, they would pay and shared the conact no. and left. The rider who hit the car was injured n was hospitalized in the defence hospital. Next day, when contacted by the owner of tha car, calls were unanswered n later after keeping on hold in the name of making the payment directly at the showroom, denied to make any payment. Now the car has been collected from the showroom by the owner by making the payment , as the wrongdoer denied to make the payment. Now, when the car owner is trying to lodge an FIR, the police is denying to do so.

What options are available to the owner now? How the FIR can be filed as he is more interested to atleast get the expenses that the owner has spent from his own pocket when he had no fault in all this.


Learning

 7 Replies

Adv. Shrey Shah (Advocate)     07 December 2022

One of the option available to you is to file a complaint u/s 156(3) of CrPC before a magistrate. Also record a letter to the Police as well, throwing into light all the facts that occured on the day of the accident.

SHIRISH PAWAR, 7738990900 (Advocate)     07 December 2022

Hello,

Yes, you have to file a private complaint in court and get the order u/s 156(3) of crpc against the bike rider. The magistrate will direct the police to register the offense against the bike rider. 

Adv.Avinash Nilangekar   07 December 2022

Is motor accident claim valid with tractor head and trolly? any judgement on this by highcourt and supreme court?

vijay sathya   08 December 2022

not clear with facts need some more information

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     08 December 2022

An FIR has to be filed immediately and any delay in reporting must be justified

Sarita Kumari   10 December 2022

thanks everyone for the valuable inputs. Do we have any civil remedy like recovery of money etc. n can the delay be justified by stating that the party had agreed to settle it first n then later denied. also, online complaint was filed but on visit to the police station it was said the case no. wud be pulled n then i will be called, as it takes 3-4 weeks for the no. to come. And first preference was given for settlement as the police never prefers lodging any complaint in accident cases and rather ask to settle at very less or do whatever want to do. plz suggest.

Sudhir Kumar, Advocate (Advocate)     20 December 2022

No other way.         


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads


Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query