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Chetan (Software Engineer)     02 May 2010

Accident case sec 279,338

Sir,

Recently i met with an accident in which my wagon R hit a scooter rider on a roundabout.Although at that time the accident was not severe and the speed of both the vehicles was also less as it was a congested area.At the time of accident he walked till the hospital and crossed two roads and now he says he has fractured his spine.And on that basis he has filed an FIR under sec 279/338.However The police has till now not filed the chargesheet in court.What are the chances and possible ways of earliest settlement in this case as i do not want to involve myself in court case? The scooter rider is demanding high amt as compensation which i feel is very unreasonable.His financial background is also not tht strong.Is there a way that the case doesnt go to court or even if it does is it neccessary for me to be present on every hearing? What if i miss a hearing?

Pls reply,

Thanking in advance



Learning

 5 Replies

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     02 May 2010

PLS MEET ONE CRIMINAL LAWYER OF CONCERN PS COURT JURISDICTION,IT IS NOT A BIG CRIME IF U HOLD ALL DOCS IN PROPER. YOUR DOUBTS CAN BE EASILY ANSEWRED BY UR CONSUL, IF COMPRIMISE ALSO ONCE OR TWICE U HAVE TO GO TO CRIMINAL COURT.

ACCIDENTS ARE COMMON NOW DAYS, BETTER FACE IT AS PER LAW. 

1 Like

Anmol Sharma (advocate)     02 May 2010

hi chetan, you need not worry bout the criminal court as you can also take the advantage of plea bargaining. but I feel you need to worry about the Accidental claims tribunal. he can claim pretty huge about which if you do not have insurance or proper lisense.
 

if you have both then you do not need to worry much.

1 Like

tufail qadri (advocate)     02 May 2010

chetan,

 i fullyagree with anmol,,,,,,worrying factor for u is the claim petition that most probably will be filed before the motor accident claims tribunal,,,,,,,,,as huge amount will be claimed,,,,,,,,,,but if ur documents are sound,,,,,,such as peril is covered under insurance and there is no violation on ur part of terms and conditions of insurance contract then liabilty will shift on insurer.

anyhow u better talk to the lawyer and show him all documents.

1 Like

Chetan (Software Engineer)     03 May 2010

Hi Law Gurus,

Thanks for the prompt reply.

Yes, Mr Anmol and Mr. Tufail, I do have a valid Driver's license and Comprehensive Insurance coverage. Feeling safe from that side.

My concern is soon, I might need to travel abroad for a short work assignment (few months). Hence I need to settle this case as soon as possible. Simply don't want to miss a Career opportunity because of this trivial accident issue. Please advise, what would be the fastest way to wind this up ??

As I understand from Mr. Janardhana's advise, that even if I compromise, I need to go to court for a few times. What are the consequences if I miss the First Date ??

Is there any provision wherein if I compromise then the FIR can be quashed, so that I am saved of the court hassle ??

Your expert advise is highly appreciated.

Thanking you in anticipation.

Anmol Sharma (advocate)     03 May 2010

chetan,

You know the problem is that most people want to take the benefit of the lawyer and they do not want to pay him either. Please avail the services of a lawyer. Would you give a advice for free on how to program a database program with huge inputs!!!!!!!!

 

A Lawyer sells his wisdom and time... but anyways ask your lawyer to exempt you from personal appearance or will you be doing that yourself too...

HAVE A NICE TRIP!


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