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Rohan (executive)     25 August 2010

IPC 279, 337, 338 and 427

My friend who lives in Delhi met an accident last satuday. It was raining heavily and road was flooded on one side. Traffic was diverted to the other side. My friend also followed the other vehicles and drove on the other side of the road.

 

A speeding motorcycle coming from the opposite side overtook the first vehicle from the left and then the other vehicle from the side before hitting the side of my friend's car. The driver of the motorcycle got his leg fractured, My friend took the motocycle's driver to the hospital for first aid. He also tried a amicable settlement with his relative but they asked for more than a lac of rupees, so negotiations failed.

A case has been registered against my friend under section 279, 337, 338 and 427.

What are the possible outcomes of this case?

What would you suggest him to do?

 

 



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 5 Replies

Rohan (executive)     25 August 2010

To add to my question, my friend has received bail in the court.

SANJAY GUPTA (Advocate)     26 August 2010

as you friend got bail from the court, wait till the charge-sheet file, victim can file MACC in court for compensation.

Radhakrishnan (BPO)     26 August 2010

why cant you go for negotiation with those parties?

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     26 August 2010

U can contact me for any type of help, if need. My cell no. is  9871158578

YN Gaikwad (self)     26 August 2010

Why IPC 427? This is surprising, as it appears to be an accident!

I think for 279, 337 and 338 there would be fine. max fine would be total 500 to 1,000/-. Gnereral practice is to pay the fine and just avoid police or other harrassments in bigger cities.

Once the fine is paid at the Magistrate just send the papers to the insurance. If there is MACT claim insurance may need those. They will appoint a lawyer to defend you as well as insurance company in MACT. Insurance company will ask you to sign the vakalatnama and WS prepeared by them. If there is any liability insurance company will pay to the victim.

Criminal case and MACT compensation cases are entirely different. The decision of criminal court or acdeptance of fault in an accident case has no bearing in MACT. In MACT negligence will be separately accessed. In MACT circumstances would be considered in assesssing the negligence.

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