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Swathi priya (s/w engg)     28 August 2013

Car accident lead to death, but no driver mistake

Myself and my husband were travelling to home town in our car around 9.30pm on a highway.

We are at 100kmph speed and suddenly one person crossed the divider with his cycle and came onto the middle of the road. He is hardly 20 feet away from the vehicle at that time. We could not avoid hitting him. His cycle fell on the windshield and it is half damaged. The person is spot dead. We stayed at the incident spot and waited until the villagers came to us. Exchanged our contact number and promised them to help his family financially even though there is no mistake on our side. 2 days later the victim's family insisted to register a police case and goto court. We agreed to it and complaint is lodged on my husband's name. Now they are demanding to settle the issue with lakhs of rupees. My husband is worried that the case might affect his career and chances of going abroad. 

Few points:

1)The victim is drunk

2)Several accidents happened on the same spot earlier too due to people crossing the road recklessly. 

3)Many complaints have been lodged by the colony people earlier to take preventive measures.

4)There is NO zebra crossing where the victim crossed the road.

5)The divider is full of trees and there is no chance to see who is behind them.

6) A newspaper stated: "As per constable Chanti, the incident happened when the man suddenly crossed the road with a cycle."

Even though there is no mistake from our side, why are we supposed to pay lakhs of rupees and also face the threat of having career issues? 

On humanity grounds we are ready to pay them 1 lac. But they are expecting more.

Why do we have to bear this when the victim is negligent?

Is there any way that we can fight this case in the court and win it with less compensation?

Just because of the mistake of a drunken person, spending lacs is terrible. Is this justice?

Do we face any problems with abroad visa due to this?

Should we settle the case by offering money or should we fight in court?

Will there be any problem if we travel abroad in middle of this case?


 8 Replies

DISHA D. SHAH (lawyer)     28 August 2013

100 km speed is too much in indian road

outof court settlement is illegal 

Swathi priya (s/w engg)     28 August 2013

I guess you are ignoring the fact that it is a highway and this speed is definitely acceptable. Even at 60kmph speed, this situation is unavoidable.

DISHA D. SHAH (lawyer)     28 August 2013

you write 100 km in your question maximum  personally you have opportunity and as a lawyer this type of compensation is illegal not binding to any party

loose point if   there is no i witness in accident  so you can won case but you want to go abroad so you have no time till case disposed

Prashant Agnihotri (Lawyer)     28 August 2013

Hahaha, their is no need to worry, plz seen these instructions-

1.if your driver has proper Driving licence & your car is insured with an insurance don't need to give any single penny & you don't need to settle the case,out of court,ok

2.No there is no problem in going to abroad,but respond to all the notices or summons sent by the court,you can hire a lawyer for this purpose,ok

In  this case,Only the valid driving licence & the insurance policy are the most important thing.The person equipped with valid driving licence can run the car in anyway,speed is not the matter,because speed  is not provable in your case.

surjit singh (Assistant)     29 August 2013

I think Mr Prashant's advice you should follow (about your proper driving licence and your car insurance) and see that in the police report the speed of your motor car is not mentioned as 100, it should be made a normal speed, otherwise it is death case and the MACT Court may issue an award of around 3-5 lakhs, which you will have to pay instead of the being paid by the insurance company of your car. It has nothing to do with your going abroad.

Your 6 points mentioned above at the initial stage of this posting will help you if these thing are mentioned in the police report and also by the witnesses in the case before the Court of MACT.

DISHA D. SHAH (lawyer)     30 August 2013

Dear advocates, what about criminal case ?

Prashant Agnihotri (Lawyer)     30 August 2013

the case explained by the Miss swathi priya ,doesn't mention about the criminal case,Her case is not an HIT & RUN case.

Sudhir Kumar, Advocate (Advocate)     02 September 2013

what insurance company says.

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