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Chidananda   01 April 2016

Motorcycle accident - ipc 1860 - 279,337

Hi All,

I met with a motorcycle accident on night of 29-Mar-16 approximately at 7:40PM, when a Pedestrian/Laborer(Addressed as victim in FIR) ran into the National highway out of the median to cross the road in a hurry. Unfortunately, even after applying brakes as harder as possible I couldn't negate the accident. All 3 of us(Driver,Pillion and Pedestrian) being injured. And, that pedestrian's leg has a fracture

Although, the pedestrian was drunk while attempting to cross(ran into the road), I took him to a near by hospital in auto(8KMS) by 8:20PM. Also, I informed his family on the way to hospital to come over directly. I gave my/bike details to hospital staff as it was involved in the accident. Since, I was also injured, absent mindely I told them that the accident must have taken place 10 or 15mins prior, which they rouded off to 8:10PM. Now, the very same details(including time of accident) can be seen in his version of FIR. Meanwhile, around at 8:30PM same night, my bike was taken to the custody by police in the presence of my friend(Pillion) from the accident spot. Now, that I have got my bike back after completing a process that required to get a statement from Victim(His and only version of FIR since he has got a fracture), RTO inspection and finally, bike was released on 31-Mar at 3PM.

According to the FIR(registered on 31-Mar at 10AM -> IPC 1860 - 270,337) filed by victim, quotes that the accident must have taken place at 8:10PM(Which is either obtained from the report that I earlier provided to Hospital or it is fabricated around the same details) but it took place approximately at 7:40PM. And, it also quotes that I hit him when he was awaiting(standing) to cross the road, but the accident took place on the middle lane of NH4. Clearly, I can spot 2 lies in here. Also, as expected I see no mention of his alcohol consumption.

I may need clarification on below queries -

However, in the initial MLC report by doctor, it has been reported that the Pedestrian was under the influence of alcohol. I had forced them to perform a blood test as to know the exact percentage of alcohol in it, since I am not his family, I was not allowed to see that report. Does that percentage of alcohol has any significance?

1. Since the victim was under the influence of alcohol. Does his FIR make a meaningful case? Because it wasnt me who drove rashly but it was him who ran into the road out of no where(Bushes on the median). Also, there was a Sky walk closer by(200 mts) to cross the road. And the walls are built on both sides of the NH, I am not sure why. But doesnt it mean that it is to prevent pedestrians from crossing the road?

2. If Yes, Does the compensation be completely handled by my bike insurance company? Although they(Insurance Co) agreed to handle all the legal activities by themselves upon my intimation once I receive a summon/court order. And upon their request, I gave them my statement in writing over the accident(including that the pedestrian was drunk). 

3. Should I have omitted the quote "That the pedestrian was drunk" -> (Since it may lead to less/no compensation for him) when I handed over the insurance company in writing? Moreover, I intimated the insurance company along with the letter even before the FIR was filed. Is that a mistake?

4. If the victim doesnt get enough compensation from my bike insurance co, will they be allowed to file another case against me to get the remaining amount?

5. Should I be filing another FIR to claim my vehicle insurance since it is little damaged or Can I use the same FIR that has been currently raised by the victim?

6. Finally, I was to join a new private employer on 31-Mar, but due to this mess. I got it rescheduled for 4-Apr. If this accident case is still not closed by the time they start with BGC(Background Check), Am I entitled to lose the job offer because of the mess created by that poor drunk pedestrian?

Will be really great if I could hear back from you.

Thanks
Chidananda



Learning

 5 Replies

advocate nitin kumar (lawyer)     01 April 2016

I have read your complete query and I found that you are being forcefully dragged into the matter and now this matter needs to be handled by your cousel for proper justice.

If you live in delhi NCR then you can contact me and I shall help you as much as I can.

Hope that helped

Chidananda   01 April 2016

Thank you for reading out my case. But had I received answers to all queries, it would have given me enough knowledge as to know where I stand on this case.

 

Well, I stay in Bangalore.! Somebody please help me understand with regards to the above set of queries.

advocate nitin kumar (lawyer)     01 April 2016

All those questions are subject matter of trial by magistrate.
My humble advice to you is that you need to approach a good lawyer in your area, expert in handling these cases because you will be tried in two courts i.e. Motor vehicle Accident Claim Tribunal (MACT) for compensation to the victim and in the court of Metropolitan Magistrate as well for rash and negligent driving.

your insurance compnay will be paying compensation to the victim and when the case will be finalised the insurance company will file a suit for recovery on you, for the amount paid to the victim on your behalf.

the Investiation Officer has messed up your case and victim was drunk has been totally hidden by his clever acts. Never trust police officials becasue they eat bribe from both sides.

Its high time for you to hire a good advocate and seek his guidence.

I have told many times in this forum that never risk your time and money when such things happens instead seek help from from an advocate.

People are ready to bribe policeman and others but do not wish to spend on advocates, and in truth advocates save their ass every time not the police.

 

T. Kalaiselvan, Advocate (Advocate)     09 April 2016

I endorse the views of learned Advocate Mr. Nitin Kumar on the subject issue, the author may consult a local advocate on such issues for reliefs and remedies.

Mukesh sharma (job )     25 June 2016

Hi i agree with both of Nitin kumar and T. kelsi..  you can follow as they have suggest you contact with local lawyer in your area he/she deal best in your case and suggest you best way what you do in this case 

thanks


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