Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

jidda   07 February 2017

Summons served article 279 and 337 next steps advise ?

My car met with an accident in 2011 when a two wheeler coming from the opposite direction dashed against my car and the rider got injured. I admitted him to the hospital and went to the Police Station to file an FIR (as I had read this somewhere). The polics said since my car was the bigger vehicle an FIR will be filed by the police and I will be the accused under Sec 279,337,338,427. I was allowed to go home in the night (almost after 12 hours in the police station ) and told to report to the court in 3 days for bail.  The two wheeler person was subsequently discharged from the hospital after treatment of his fractured leg. 

I received a Summons to appear before court  recently and this is the FIRST hearing. Some people I talked advice me to "Plead guilty" as the fine will be nominal and the case closed. I do not want to admit to something which I was not guilty of but at the same do not want this to drag on. Two questions -

1) Can the injured party further file a compensation claim to MACT because I pleaded guilty in the above Case and have some thing in his favour because of my pleading guilty ?

2) How do the experts on this forum feel that a law abiding person should deal  as I am inclined to plead "Not guilty" ?

 

Thanks a lot

Read more at: https://www.lawyersclubindia.com/forum/details.asp?mod_id=141646



Learning

 7 Replies


(Guest)
"Speak the truth and the truth shall set you free. " If you know it's not your fault, NEVER admit guilt or take guilty plea. Or else you'll find yourself deeper and deeper.
1 Like

Vinay   07 February 2017

1) Any CcTV camera which can establish the mistake of bike rider or any eye witness to the accident, who can depose in your favour. If you can find one, then you can not plead guilty and establish your case. 2) the fact that the bike rider met with an accident,cant be rebutted now,as there is medical record to the effect. 3) The insurance of vehicle is must before it is brought on streets,however if the person files petition for compensation , it is insurance company who shall pay the biker rider/third party in case of any loss/damage. 4)If the vechile you were driving didn't bear insurance, in such circumstances you have to pay compensation for different loss which he may claim before tribunal. Thanks Vinay Sharma,Adv vinayk@lawyer.com

Vinay   07 February 2017

1) Any CcTV camera which can establish the mistake of bike rider or any eye witness to the accident, who can depose in your favour. If you can find one, then you can not plead guilty and establish your case. 2) the fact that the bike rider met with an accident,cant be rebutted now,as there is medical record to the effect. 3) The insurance of vehicle is must before it is brought on streets,however if the person files petition for compensation , it is insurance company who shall pay the biker rider/third party in case of any loss/damage. 4)If the vechile you were driving didn't bear insurance, in such circumstances you have to pay compensation for different loss which he may claim before tribunal. Thanks Vinay Sharma,Adv vinayk@lawyer.com

Vinay   07 February 2017

1) Any CcTV camera which can establish the mistake of bike rider or any eye witness to the accident, who can depose in your favour. If you can find one, then you can not plead guilty and establish your case. 2) the fact that the bike rider met with an accident,cant be rebutted now,as there is medical record to the effect. 3) The insurance of vehicle is must before it is brought on streets,however if the person files petition for compensation , it is insurance company who shall pay the biker rider/third party in case of any loss/damage. 4)If the vechile you were driving didn't bear insurance, in such circumstances you have to pay compensation for different loss which he may claim before tribunal. Thanks Vinay Sharma,Adv vinayk@lawyer.com

jidda   07 February 2017

Originally posted by : Sarma
"Speak the truth and the truth shall set you free. "

If you know it's not your fault, NEVER admit guilt or take guilty plea. Or else you'll find yourself deeper and deeper.

Thanks Sarma sir. Your reply reaffirms my conscience and will not go against it

jidda   07 February 2017

Originally posted by : Vinay
1) Any CcTV camera which can establish the mistake of bike rider or any eye witness to the accident, who can depose in your favour. If you can find one, then you can not plead guilty and establish your case.
2) the fact that the bike rider met with an accident,cant be rebutted now,as there is medical record to the effect.
3) The insurance of vehicle is must before it is brought on streets,however if the person files petition for compensation , it is insurance company who shall pay the biker rider/third party in case of any loss/damage.
4)If the vechile you were driving didn't bear insurance, in such circumstances you have to pay compensation for different loss which he may claim before tribunal.
Thanks
Vinay Sharma,Adv
vinayk@lawyer.com

This occurred 5 years back on a national highway stretch which does not even have lights although this happened in broad daylight. No CC tv footage. No evidence. Except the Crime investigation report where the havaldar has drawn a rough sketch showing me on the correct side of the road. Does that help ? :-)

I have third party insurance on my vehicle during the time period as well as now

jidda   07 February 2017

Additional Query - Do I need to reapply for Bail once I plead not guilty during the 1st hearing ? Or will the court ask the Plaintiff to proceed with proving my guilt and schedule a new hearing date ?


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register