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D R Brahmkhatri (Pr)     14 December 2010

Legal advise

I was driving the car and was taking a left turn when a motorcyclist overtook me from left side and hit my car and fell down unconscious. Since there was mob there and danger from them to my security, I left the spot. Later on the motorcyclist lodged a complain in the police and recorded that he was merely crossing the road and I was doing rash driving and hit him. Police has registered the FIR under IPC 279 and 337. Now I have received a summon from the court and my lawyer says that I should accept the fault and pay the fine which will be between 1000 Rs, and 2000 Rs. I have questions as follows:

1. will this affect my passport renewals and visa procedures to abroad tours?

2. The opposite party has  claimed compensation for Rs. 2,00,000 under MACT claims. The lawyer says it will be settled by my insurance company. Can I believe him? Will my insurance company not use my acceptance as tool to avoid the claim?

3. Is it advisable to fight the case? The opposite party has produced the witnesses who said I was doing rash driving and the man was indeed crossing the road. What type of evidences I need to show that the man was driving the motorcycle and he was at fault (not me).


 5 Replies

adv. rajeev ( rajoo ) (practicing advocate)     14 December 2010

It is not an henious offence if you admitted the accident then it wont affect your abroad tours,but to avoid the unnecessary problems it is better to contest the case.

If you are valid driving license and valid policy of the car then insurance co., will have to pay the compensation.

Just you have to cross examine the eye wittness in a very tactfully.

Dr.Sidharth Arora (Advocate)     14 December 2010

Criminal charges will usually end up in Plea Bargaining.

MACT will be handled by Insurance company if you have valid DL/INSURANCE.



D R Brahmkhatri (Pr)     15 December 2010

Thanks Dr. Sidharth for prompt advise. I want to further know that if I contest this case, can there be a possibility of settlement with the complainant for withdrawal of the case? Can this case be withdrawn by them if they wish?



Uma parameswaran (lawyer)     16 December 2010

Better contest the case. The settlement shall be depends upon the course of the case.

Dr.Sidharth Arora (Advocate)     24 December 2010

@Brahmkhatri Contest the case to the max.Wost case you will case....Justice prevails

Dr.Sidharth Arora  Advocate

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