Dear Lawyers,
I was a car Driver based on Bangalore and when returning from Tirupathi to Bangalore on 29th Sep there was a road accident where opposite 2-wheeler tried overtaking the truck and failed to notice my car and got confused and hit on my vehicle.
He was under the influence of Alchohol and No DL or helmet.
He got severe injury and I called 108 and get him to the nearby hospital. Meanwhile, there were lot of crowd and I called police too.
I was charged under section 337 and later changed to 338 as the injury was grievious. There is a case going on in the court of Palamner and I got the charge sheet on Dec 10th and I was told to appear for a hearing on 27th March.
Meanwhile, I got a notice through registered post (as attached) and looks like the injured person is claiming a compensation for Rs 30 lac under sc 166 MV Act.
This is not fair as I accepted to continue to proceed the case as Sec 338 because police said the injured person was very poor and not to raise objection against this section 338.
So what should I do now?
- Should I have to appeal against sec 338 in court of Palamner (AP) and justify my part?
- Regarding the claim case in Bangalore, Should I have to appear in person? If yes, What should I do on that day?
- What role Insurance company will play here? Will they appoint any lawyer for me? or I need to seek for my own lawyer?
- If this claim comes in favour of the injured person, Will I have to pay or the Insurance company will take care?
I also heard from the nearby shops around that police station that people from this place often meet with accident like this and seek for out of court settlement a huge money.
After several attempt from police side, I did not agree to go for off-court settlement as it was not the place I am familiar with and not much Local support I have there.
Please advise and let me know if you need more information
Regards
Prabakaran
