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aws learning   19 July 2021

Mact petition for compensation and ipc 338 criminal case

I have a pending 338 IPC Case on me and currently it is in appearance stage in court. The injured filed a petition in MACT court for 3 crores compensation? My vehicle is insured. Should I fight two cases now?

I am an driver and cannot pay the money if court asks me to pay.

I will lose my job if i get jailed for ipc 338 and my family will suffer.

Please advice what should i do


 8 Replies

Manoj Chaudhary Advocate   19 July 2021

you can call me at 9310155557

Dr J C Vashista (Advocate)     20 July 2021

The FIR case has to be under section 279 / 338 IPC, recheck. 

Besides claim under Section 166 MVA against driver, owner and insurance company, driver of offending vehicle shall prosecuted and punished. 

Academic question should be put to your professor / guide/ tutor as this platform can not provide coaching service.

aws learning   20 July 2021

Dear Sir

This is not academic question. I am going through this situation and really confusing what to do. I am already fighting ipc 338 in district court. Now I got notice from MACT court.
Please help me.

G.L.N. Prasad (Retired employee.)     20 July 2021

There are many facts to be taken into consideration as to whether you are having a valid driving license, the vehicle is having such certificates required as Fitness, the extent of negligence fixed by the Police etc.  Because a victim claims compensation, the court can not grant and depend on the disability, the court delivers a judgment, in which the insurance company is also a party.  The court also considers the capacity and financial background of the accused.  You have nowhere stated whether there is negligence and violations by you like not having a valid driving license, not having insurance etc. The owner is having vicarious liability and is bound to pay compensation and not the driver.  When the matter is in court and an advocate is handling the case, it all depends on his competency to defend your case.

aws learning   20 July 2021

Dear Sir,

I am having valid driving licence, valid rc and proper insurance coverage also. Vehicle is fit and RTA didn't seized the vehicle. The injured was walking in the middle of the road and was hit from the back and sustained multiple injuries. Now police registered 338 ipc and it is in appearance stage in court. Now I got this notice from MACT court asking for huge compensation.

Now my question is
Do I need to fight both the cases ??
once MACT case is under process. The ipc 338 criminal case will be set aside ???

G.L.N. Prasad (Retired employee.)     20 July 2021

Yes.  Both are separate.  Do not worry about the Civil case.  The insurance policy of the vehicle takes care of the compensation,,  The victim should have made them as parties.  The victim fights more for compensation, and may not take the criminal complaints seriously, as there is negligence on his part..  Have you obtained a copy of such medical report of the victim or such CCTV coverage from nearby places that may throw light on your alertness and victim's negligence ?  Are you also the owner or an employee?

aws learning   20 July 2021

Dear sir,

I am the owner and driver of the vehicle. How can victim file a petition to claim the compensation if the crime is not yet proved.

victims are arrogant and not ready to provide any information and blackmailing me further and torturing me.

P. Venu (Advocate)     20 July 2021

In the given facts, the Insurer will take care of the MACT case. As regards to the criminal case, the matter could be closed on payment of fine.

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