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Fazin   11 June 2017

Accident case and study abroad

Hello, I was involved in an accident 1 month ago me in a car and opposite a scooter driven by a female with 3 of her kids, resulting in some injury. I have done what I can to help them, because them being poor,(even though it was their mistake and they came on the wrong side of the road and hit my car) The police told the FIR will be written in their favour and I will not have any problems its just a petty case just have to pay a small fine for accident and thats it. What I want to know is will there be any problem of this interfering with my studies abroad. I am a doctor and in process of following Post graduate studies abroad. Thanks


Learning

 14 Replies

Kumar Doab (FIN)     11 June 2017

Why FIR shall be written in their favor?

Kumar Doab (FIN)     11 June 2017

If the area is covered by CCTV get footage.

 

If you have posted facts approach your own very able senior local counsel of unshakable repute and integrity and have faith that your counsel can defend you.

Fazin   11 June 2017

It has something to do with them able to claim the insurace, theirs being third party. Police told the FIR is usually written in favour so that they can get the claim and insurance. Someone told Big car vs small car its usually written in favour of small car.

 

Kumar Doab (FIN)     11 June 2017

For your own interest along with elders of your family approach your own very able senior local counsel of unshakable repute and integrity and let your counsel  defend you.

 

Sachin (N.A)     11 June 2017

Better to compromise with opposite party by paying some amount.

Ms.Usha Kapoor (CEO)     12 June 2017

yOU BETTER ENTER INTO A COMPROMISE WITH THE OPPOSITE PARTY BY PAYING SOME AMOUNT.

Mohd Musabbir Ansari (Legal Practice/Litigation New Delhi 09582547570 )     12 June 2017

Dear Fazin

FIR is not substantive piece of evidence. FIR is simply a narration of incidence. Opposite party has received injuries, so police made them complainant and you as accused.

in your accident matter two cases born out. First is MACT and second one is criminal.

So far as MACT case is concerned, if your vehicle is insured, injured shall receive compensation from Insurance Co.otherwise you have to pay.

In a criminal case, the duty of court is either to convict or acquit. but in this case, police/injured/prosecution has to prove that accident happened due to your rash and negligent driving. As you mentioned in your query that opposite part was on the wrong side, so negligence in your part. so its a case of acquittal....engage a reputed lawyer. don't take the pain so much.

Mohd Musabbir Ansari (Legal Practice/Litigation New Delhi 09582547570 )     12 June 2017

Dear Fazin

FIR is not substantive piece of evidence. FIR is simply a narration of incidence. Opposite party has received injuries, so police made them complainant and you as accused.

in your accident matter two cases born out. First is MACT and second one is criminal.

So far as MACT case is concerned, if your vehicle is insured, injured shall receive compensation from Insurance Co.otherwise you have to pay.

In a criminal case, the duty of court is either to convict or acquit. but in this case, police/injured/prosecution has to prove that accident happened due to your rash and negligent driving. As you mentioned in your query that opposite part was on the wrong side, so negligence in your part. so its a case of acquittal....engage a reputed lawyer. don't take the pain so much.

1 Like

Mohd Musabbir Ansari (Legal Practice/Litigation New Delhi 09582547570 )     12 June 2017

Dear Fazin

FIR is not the substantive piece of evidence. FIR is simply a narration of incidence. Opposite party has received injuries, so police made them complainant and you as accused.

in your accident matter, two cases born out. First is MACT and second one is criminal.

So far as MACT case is concerned, if your vehicle is insured, injured shall receive compensation from Insurance Co.otherwise you have to pay.

In a criminal case, the duty of the court is either to convict or acquit. but in this case, police/injured/prosecution has to prove that accident happened due to your rash and negligent driving. As you mentioned in your query that opposite part was on the wrong side, so no negligence on your part. so its a case of acquittal....engage a reputed lawyer. don't take the pain so much.

P. Venu (Advocate)     12 June 2017

Try to get a copy of the FIR. The offence may involve most probably 337 and/or 338 IPC, may be 279 too. Such cases takes time to reach the court and summons to be issued to the accused. The general practice is that court would impose a fine (may be 2000-3000) if the accused plead guilty. The accused can authorise the advocate to plead guilty; the accused need not be present. 

A local advocate can gujde you in the matter. A traffic offence does not involve moral turptitude and the matter get closed with the accused pleading guilty and paying the fine, as pronounced.

1 Like

Fazin   12 June 2017

Hello,

Thanks for the replies.

I have been told what Sir Mohd Musabbir Ansari and Sir P Venu responded.

I have to pay a fine of less than 3000 and if I cant appear in court just get a lwayer to do it for me.

The SI in charge at the time was a patient of mine and he assured me that its just a normal case of insurance, and the SI told it wont affect me in anyway I just have to pay the fine and go. Let the poor people get some money.

Since I have passport and Visa to worry about now due to my post graduaton plans, I was just re evaluating.

I met with an advocate he said he will get FIR and brief me tomorrow. He said I can even pay now to him and forget about it.

Please advice.

Thanks

Kumar Doab (FIN)     14 June 2017

Obtain certified copies of all related docs; FIR, penalty, reciept from copurt/PS and keep these safely.

It shall be helpful to take help and support of a very able local counsel of unshakable repute and integrity.

Kumar Doab (FIN)     14 June 2017

Your appreciation for Mr Mohd Musabbir Ansari and Mr. P Venu is appreciated.

 

Kumar Doab (FIN)     14 June 2017

These gentleman experts have been helpful to many querist/authors.


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