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TroubledSoul (Developer)     23 October 2009

Negligent Driving

Hi

I was driving towards office and sunndenly a man came in my way. He got injured and later on died in the hospital. I beared all the expence of the hospital.The police has booked me under 304 a. I am very scared. Can this be fixed out of court as the victims family seems very keen on that. The only problem is that they are asking for 4 5 lakhs. What should i do? Please help!



Learning

 8 Replies

Suchitra. S (Advocate)     23 October 2009

Sir, let the trial go on rather than out of court settlement. The trial goes on for 3-4 years and then they may come down with reagrd to comensation amount. Else, in many cases, relatives of the victim keep on extracting money by harrassing the culprit and it amounts much more than courts can award as compensation. Appoint a good lawyer adn fight the case.

TroubledSoul (Developer)     23 October 2009

Thank you suchitra. I also have a third party insurance for the car. Can they help me get rid of the case soon. 3 4 year is a long time. I work in a IT firm where in need to travel abroad a lot.

Can the company take measures against me for that?

Suchitra. S (Advocate)     23 October 2009

Sir, if you are having thrid party insurance, then you will get money from insurance people. For speedy disposal of the case, get your case to transfered to lokadalat, where both the parties along with insurance people can come and setlle the matter amicably. 

1 Like

Feroz M Shafeeque (Police Officer)     24 October 2009

Do not go for out of court settlement. You have done what is expected from you. 304 A is not such a big case. I have seen many accused who plead guilty on the very first day of trial released after imposing a fine varying from Rs.1500 to 5000.

 

Hire a good lawyer and fight the case. You can get an acquittal.

 

I do not think your company will take this matter seriously as this type of case can happen to any one who drives a vehicle.

 

Your lawyer will give an idea about the commencement of trial which depends on the pendency of cases in court. As there will not be many witnesses in this case, it will be closed within 6 months once trial is started.

 

The insurance company will take care of the claim part as your vehicle is insure. Need not worry about it.

1 Like

TroubledSoul (Developer)     26 October 2009

Thanks a lot Firoz. Sadly, his brother is the wittness in our case.

Feroz M Shafeeque (Police Officer)     26 October 2009

Close relatives are always considered bad witnesses in court rooms.

TroubledSoul (Developer)     26 October 2009

Can you also tell me if a personal bond can be given for bail? My wife and I have shifted here just a 1.5years back and we only know people who are migrant here.

Feroz M Shafeeque (Police Officer)     26 October 2009

It is upto the court to consider the merits of sureties of bail. Unfortunately bail conditions will be usually stringent for other state accused. Consult with your lawyer.

 


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