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Ratheesh (Engineer)     09 March 2015

Car accident case - need assistance or suggestions (urgent)

Hi Friends,

Just a narrative of the incident which happened on 23-Oct-2014. This is just a day after Diwali and I with my family (Wife and Son(6 year old) were traveling from Bangalore towards Kerala. The vehicle is owned by my Mother-in-law and we were travelling to Kerala to meet her since, she is in a medical condition. So, after a place called Dharapuram towards Pollachi (Around 1.5 Km's from Dharapuram), I was riding at around 60-70 KPH since, the road was clear and I can see atleast 2 KM's straight road ahead of me without any vehicle (Morning 10:30 AM). There was a man riding a TVS on the cycle lane on the left side of the road. However. to my surprise this person suddenly took a right turn(90 Degree turn) which confused me and I took a right deviation to avoid collision but the person continued to drive. Thus, there was a pretty bad collision that occured and this person was lying in pool of blood. Due to the heat of moment and with my family being there with me and my son watching all this with a complete trauma. I just regained my strength and tried to call for help to 108 with no help. Then, I requested the onlooker to help me and to my surprise no one was ready to help me. Thus, I lifted him from behind and put him in my vehicle and drove him to the nearest Govt Hospital immediately. However, the person denied to file any petition and asked us to take him to a private hospital which was done as well. I gave him some money and informed him that I would assist him in case if he need any further help. He agreed at that moment and since, I am not so good with Tamil, it was very difficult for me to handle the whole situation and thus just wanted to clear this off ASAP. However, after 2 days this person with the help of a local lawyer registered an FIR and was informed that it was just that for the other person to get insurance he need to register FIR (Since, all my documents were intact). The case was called in on 27-Jan-2015 paid fine of  INR 1250 for the offense(I had no lawyer from my side considering the situation and the court hearing was in Dharapuram)  - I think it was 279 and 336/7 am not sure. I thought that the issue was settled and that there would be no issues further to it.
 Then came the notice from insuarance company(Irode, New India Assurance) asking for details on the same and we gave all the details and certified copies of RC Book(In the name of my Mother-in-law), my DL, FIR copy and Insuarance copy. I did send the details within 2 days as they required it within 15 days. We got the acknowledgement of receipt as well. However, around 3 weeks back my In-Law received a Show-cause notice from court (Dharapuram) to appear on 10-March-2015. Sinec, she is ill and have some health issues she cannot travel till Dharapuram. Thus, thought of checking with the Insuarance company regarding receipt of the documents and next course of action. When checked they confirmed the receipt and informed that we need not have to appear for the same as the insuarance company panel of lawyers would take care of the claim settlement procedure and court dealing. Now, coming to my questions:

1. Would it cause any issues if my Mother-In-Law(MIL) does not appear in court?

2. Can I go with the word of Insurance company about they dealing with case since all our documents are up to date?

3. From the narration above, would we face any more issues and would my MIL would have any issues?

4. Would this accident case and conviction cause any issues with any of my future work related problems like going abroad etc?

I would really appreciate your valuable and expert advice as this site have a set of wonderful experts which I feel give a very genuine advise.

Thanks in advance for all your reply.



Learning

 2 Replies


(Guest)

you seem to have pretty much documented everything well..so no worries..as far as appearance n court is concerned, try to get something in writing and not go by verbal things...better ,see if you can, be able to attend as a representative for your MIL on the day of the court date.. the only thing you seem to have missed here is that you could have informed this to the local police as well on the day of the incident .

Advocate/CS Sanjeev Kataria ( Advocate)     13 March 2015

Dear Rathessh

the injured has two option

1.  Motor accident claim before MACT , that will be against you, your ML and insurance co. since you have all the documents. the claim would be paid by ins co

2. in FIR, see the accident information report, you may be prosecuted u/s 279, 337 ipc 


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