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manish (hhh)     19 August 2011

Accident case

I have an accident case registered against me.I was driving a car , and on  a free left turn a man on the bike hit my car from back. He wanted to go straight. ?He has two kids too on the bike. When i saw him fallen down from rear mirror , i stopped , picked him up and took him to hospital in my car. The kids were fine not even a scratch . He filed a complaint against me in police station. The police have registered 279 and 338 against me. My car was insured so the compenstion will be taken care by the insurance company. I later learnt that the complainint's one hand had a minor fracture and also he filed a compensation claim against my insurnace co.


I want to know  if i am convicted , what is the punishment and how much is the penalty ?

Also can i sell my car ?


 6 Replies

Arvind Singh Chauhan (advocate)     19 August 2011

If you are innocent why are you thinking about punishment. Prove your innocence I hope you will succeed. You can sell car only if it is not case property. If it is case property you can't sell till the disposal of case.

manish (hhh)     19 August 2011

Thanks for your advise.

I spoke to some people in the court , they told me that it will take a long time if you fight. I seriously dont have time to run behind this case , since i am the sole earner in my family.

Also the legal expense will be huge.

Pls advise typically how much time will a case like this will take , secondly how much will be the legal expense?

If the fine is just 2 to 3000 , i might pay the fine and settle. Pls advise.


himanshu harbola (Comp. Sec.)     19 August 2011

No need to worry @ all.......u can sell ur car no issues in the will be paid by insurance company ....regarding criminal case...investigation wil be done and charge sheet will be filed which will take a long time as per the procedure followed...u have a very minor case dont fall for any local lawyer and pay heavy fees...


himanshu harbola (Comp. Sec.)     19 August 2011

whenever chargesheet file u can compound ( settle) the case with the opposite paying him some small amount...registration of FIR or complaint does nt mean u hav done any crime...dnt even give single penny to police officers if they demand so...that a case has been registered against you...



we need to spread legal awarness to stop corruption..

manish (hhh)     19 August 2011

Thanks Himanshu , My worry is how long this will take?

Infact when the accident  occured i didn't pay because it was not my fault , though i helped the person reach medical help , a case was filed against me. 

The Police told me this is the only way the person can claim compensation from the insurance co.

How can i expedite the process ? will i have to wait till their case with the insurance co is over and they get compensation ?

How much does  lawyer charge for a case like this ?



THANKACHAN V P (Advocate & Notary)     19 August 2011

1.Dear Manish you need not worry about the compensation as your vehicle has valid insurance coverage.

2. Regarding the criminal case- 


Section 279. Rash driving or riding on a public way


Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either descripttion for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.


Section 338. Causing grievous hurt by act endangering life or personal safety of others


Whoever causes grievous hurt to any person to 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 descripttion for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.

2.If plead guilty,usually courts punish with fine only. The maximum fine which may be ordered by the court  under  both provisions only Rs 2000/

3. So kindly verify whether the court allows you to sentense  with  fine only . If so, plead guilty and pay the fine amount and avoid the headache.

4. If you contest the case it will take minimum three years (in Kerala). I do not know how much time will take in your area.



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