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krishna (wderfa)     06 January 2011

made an accident

Hi Sir,

I had hit a lad y of age 45 while she was crossing the road. Immediatly i joined her to a hospital nearby

they got an approval for 39000 the total cost was 46000 i paid the excess amount and apart from that i paid 13000.

she had a cut on her fourhead and no other factures or any thing major and she was discharged from the hospital after 2 days. now when we are asking to take back the statement they are delaying.

so what shall i do.

more over she was crossing the road where there was no signal or a zeebra crossing.

please suggest



Learning

 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     07 January 2011

No traffic signal or zebra crossin wont help you.  She has to withdraw the complaint if she has filed.  If she didn't then you will have to face the trail and if she filed MVC case you have to contest the case at the time of accident you had valid driving license and insurance was valid,.  Hence insurance co., is liable to pay the compensation.

Jayaprakash Narayan (Partner in the Law Firm)     07 January 2011

Hello Mr. Krishna,

                           What ever Adv. Rajeev has said is absolutely correct and as per my assumption they wont be taking back the statement and instead they will be filing a criminal case against you. Though you need not worry as you will be made to pay fine of Rs.5,000 or less than that, you will be relieved from charges in criminal case. The injured shall again file a civil case in MACT seeking compensation and you need not worry about this as the award amount shall be paid by your vehicle's insurance company. And my advice is that in case the same happens hereafter, do not pay the entire bill of the victim as however they will be filing case against you, only in rarest cases it shall be with drawn, if you do not have DL or insurance and you are poor enough and wont be able to pay the award amount. But you need to provide first aid to the victim and better pay initial bills on humanitarian grounds. And one more thing is even though it was victim's fault, the concept of driver's fault in case of pedistrians, four wheeler's fault against two-wheeler shall make the driver of heavier vehicle liable.

Regards,

YN Gaikwad (self)     08 January 2011

Mr. Jayaprakash is almost correct, in case of pedestian or small vehicle other big vehicle would be booked for criminal offense, that seems to be the law of Indian road. Unless, the person you hit is mad...

if you again get into such unfortunate situation pl. dont pay any money to the victim, just take them to the hospitals, if public allows to do so or inform police. hospitals are bound to provide the medical aid without asking ay money to road accident victims. let police do the needful at the hospital, just stay away from other procedures.

downside is whether you are involved or not police will file criminal case. so just stay calm. after few days depending on the charges against you (rash negligent driving and causing hurt by rash and negligence) you may be taken to respective Court and asked to pay the fine.

If the victims need compensation just provide your insurance policy, DL and inform insurance company. in mact insurance company will carry out another investigation and defend you as per their investigations.


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