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Nishant (SMGR)     16 May 2010

Car accident case - URGENT advise needed

Car accident case in 2004 - Whats the way out?

This happened sometime in early 2004, on Mehrauli-Gurgaon road (near Andheria Modh). I was driving towards home at 7.30 am and at a decent speed. I was NOT DRUNK. Suddenly, an autorickshaw came from the opposite side, swerved sharply towards right and banged into my car. The driver+2 passengers were flung out, but luckily no one suffered any serious injuries (i.e. no broken limbs or fractures etc.). I had them taken to the hospital and got them treated. They were discharged the same day after first aid (i.e. NO GRIEVOUS INJURIES). I also got their x-ray done to ensure there were no internal damages. I bore all their medical expenses and also paid them money over that as compensation (despite it not being my fault).

Meanwhile, local crowd had called in the police and an FIR got registered against me. I was charged U/S 279 (Rash driving or riding on a public way) and U/S 337 (Causing hurt by act endangering life or personal safety of others). The case was NOT filed by the hurt party, but by the cops (i.e. it appears in the court records as 'State Vs Me')

I attended court hearings twice, along with my lawyer. The other party had given fake address, so whenever they were summoned, or notices were sent, they never appeared in court. The case was even referred to 'Lok Adalat' but since the other party was not traceable, it came back to the District Courts. On my 3rd appearance, my lawyer sought exemption from personal appearance on medical grounds, and it was granted.

Then, I went abroad for 3 years in July 2004 (for study and work). During my absence, cops used to appear at my house with a show-cause notice/summon asking me to appear in court. Every time, my folks paid them a bribe and get the date extended (adjournment). This thing continued till about 1.5 years back (2008-09) and we did not hear from the cops ever since.

Now on Friday (May 14, 2010), some cops suddenly appeared at my house with a 'Non-bailable warrant'. They have asked me to appear in court on May 18, 2010.

My questions are:
1. How come suddenly they have woken up after 1.5 years and issued me a NBW? Can someone else (my lawyer, or parents) appear on my behalf?

2. What do I have to do now to get this case dismissed?

Its been 6 years since the incident and the other party has not even filed the case! They were ok with me paying their hospital bills and additional compensation. In fact, I assume they wanted to avoid legal hassles right from the start and that's why never even gave the right address.

3. The case hearings happen in District Court (Delhi) and I have been staying in Mumbai since the last 3 years. It's really difficult for me to make personal appearance in court. What's the way out?

4. What if I do not appear in court on May 18? What can be the consequences?
 



Learning

 10 Replies

venkatkrishna (AGM)     16 May 2010

Mr.Nishant,

You have to fight the case through you Advocate.  Without Advocate knowledge  nothing can be happend if he attends the case carefully.    You being a  human  did  all good for the  accident victims.   But some how the case was registered and  none appearing.  

You  request your advocate  to take out all certified copies of  the  all docs of  court file  including all hearing dates and orders.    For you there is no option  you have to  fight  as the case is flled wrongly. 

You can  ap proach  Delhi High  Court for  quashing of the case  or to expedite the matter at the earliest.  The another headache is  police.  If  any  warrant  or NBW  are there in their hands, it is a   good day for them to  fill their pockets and it is bad day for you to face their music.

Your innocent  questions  are  true but  for legal  there is a  procedure to follow.  If you have good Advocate contacts  use it  or   if you want I can recomend.  My  Mobile No.9819944106  (Mumbai ).

Manish Sharma (Advocate)     16 May 2010

you did wrong to give bribe to policemen. now come to your questions-

1. they can come to you because the case was still pending and your lawyer cheated you.and this is a criminal case so nobody can represent you except you.

2. and now if you want to get the case dismissed then go to the court on the date and get a lawyer who handles the criminal case. In my opinion I dont think that NBW is issued against you because if it were then you must be in jail. so now you must go to court on the date they told you. I think they might want more money from you so just check yourself about the case proceedings.

3. if its not possible to go to delhi court then you can do one thing that just gave F.I.R. No. and case no. and date details of case to lawyer in that court. he will see whats the status of your case and is there any need to come delhi or not.

4. and last one, if policemen are right and you will not go there then there will be more difficulties for you in future.

so my suggestion for you is that just check the details of your case before 18 may.

N.K.Assumi (Advocate)     16 May 2010

Dear Nishant, whether charge sheet against you has been filed or not by the investigating officer?

adv. rajeev ( rajoo ) (practicing advocate)     16 May 2010

Issuance of non bailable warrant is not serious matter.  Application u/s 70(2) can be filed to recall the NBW .  Your advocate will do that but you should be present before the court.

I think now the stage is for the evidence of the complainant.  Even if he remained absent and his evidence taken as nil  other wittness like panchas, investigating officer etc., will come for the evidence then only judgement will come.

1 Like

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     16 May 2010

IPC 279 AND 337 ARE TWO SECTIONS GENERALLY POLICE FILE FIR AND FINAL REPORT/CHARGESHEET TO COURT. THESE TYPE OF CASES ARE VERY ROUTINE IN CITIES / TOWNS. IF U HAVE VALID D.L/ VEHICLE R.C, INSURANCE IN FORCE(AT LEAST THIRD PARTY) AND POLLUTION CER. UR SAFE. 

REMAINING ALL PROBLEMS ARE THE ADVOCATE HAVE TO TAKE CARE, THESE CASES WE DISPOSE IN 2 OR 3 APPERANACES OF LOKADALATS. 

PLS CONTACT GOOD ADVOCATE.

1 Like

Nishant (SMGR)     16 May 2010

Originally posted by :N.K.Assumi
"
Dear Nishant, whether charge sheet against you has been filed or not by the investigating officer?
"

Chargesheet ahs not been filed.

 

The complainant has not even apepared once in court.

G. ARAVINTHAN (Legal Consultant / Solicitor)     16 May 2010

What is the stage of Criminal Case?

Senthil Kumar L (Advocate)     22 May 2010

GOOD REPLY

saunterer (not applicable)     13 July 2012

 

Sometimes solicitors call personal injury claims as general damages for PSLA(pain and suffering and loss of amenity). Sometimes these personal injury claims are quantified by the previous awards made by the courts which are “similar” to the case in hand. Compensation may vary depending on many factors.

________________________

pheonix car accident lawyer

Ratheesh (Engineer)     04 March 2015

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.


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