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moni (prof)     17 July 2013

Accident case how to handle the claim?

I happen to meet with an accident an year ago. I was driving my car with family. It was around evening 7.30 pm when I am behind some vehicles on a highway a lorry which came behind and hit my car at back and due to sudden impact i lost control and my car hit another car which was coming in the opposite direction very fast. In the accident, we got small internal injuries and major damage to the car where as the opposite car damaged as it rolled upside down and the driver happened to have his foot injured. In the mean while the lorry ran and no one noticed the number or any identity.

The FIR was registered in which the accused is the lorry and I was the complainant. The opposite car parties came later and argued with the police to register FIR against me stating that I was driving rash. However, the police denied and proceeded with the actual FIR.

Couple of months back I got a summon from court to appear for the hearing against the petition filed by the oppiste car driver in which he claimed Rs 4lak with me as the first respondent and the insurance compnay as the 2nd respondent.

Now I heard from the insurance company that a chargesheet has been filed against me with the criminal offense (which I have not recieved from police or court). My lawyer said no issues as he already filed a counter in the last hearing that the petition claim is not true. Even if it is true the claim should be made to my insurance company not me. Also he said that in case the charge sheet is proved to be right, I can either pay fine and close the case or defend by proceeding with the case.

I want suggestion from lawyers on how to handle this.. Pls suggest



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 1 Replies

murugesanshanmugavel (non practising lawyer)     17 July 2013

Issue notice or file petition in the Tribunal and get details of the criminal case against u from the insurance co and then proceed to quash the same by filing petition under section 482crpc 


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