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Jyotika (no)     13 July 2013

Query about the procedure

dear sir

Two days back we met with an accident at highway.My husband was driving the car. I was sitting infront and my 15 yr old son was sitting at rear seat. It was at around 10.30 pm. We were returning after attending a marriage. It was delhi ajmer highway. Suddenly the cars in front got very slow and because there was some distance between the cars so my hsband applied the brakes and it stopped after them without any problem. Just after 4-5 seconds a big thud and blow to us.Some one hit from behind and due to that impact it hit the vehicle in front and our front left of the car also got damaged.The front car driver did not stop and went away. Luckily no body got hurt, just jerks. My husband and my son went out to see what banged, it was a pickup. They saw the rear part of the car was completely damaged and everything broken. My husband spoke to the driver and found that he was drunk. We all were in shock and could nt understand for some time. As it was a highway gathered people told us to move the vehicle. My husband asked the driver to come to police station but he started pleading and started calling people there. He was not ready to come to police station, then my husband took his mobile phone and the keys of his vehicle, and asked the driver to sit next to him and started driving himself to bring him to police station.As I started driving my own car as engine was running  condition.

On the way as we slowed on a turn the driver of the pickup got down and ran away. My husband brought his  vehicle to the police station and I brought mine. The police accident cell was informed and they came after some time. In the meantime we wrote a complaint and gave to the police. The owner of pickup also came there after some time and tried offering some amount. We lodged an FIR with them and got a copy of FIR also.We informed our insurance company also next morning and gave our car for repairs.

my questions are

Which IPC  section will be implemented?

What will happen in court after we called?

Were  these steps taken right as per law?

How much time this case will take?

Would w e get compensation from other party?



Learning

 5 Replies

Adv Archana Deshmukh (Practicing Advocate)     13 July 2013

 

You won't get any compensation in a criminal case, it will just punish the driver for drunken driving and negligence. If you want compensation from the opposite party then you will have to file a claim petition with the MACT seeking compesation for the damage caused to your vehicle.

1 Like

Ashok, Advocate (Lawyer at Delhi)     13 July 2013

Since as per your statement, no injury was caused to anyone and damage to car was caused by way of accident, the offence would be under Sections 279 and 427 of IPC (there may also be some sections of the Motor Vehicle Act, depending upon the nature of violations noticed by police). Since you state that FIR was registered and a copy of this FIR was given to you, you can cross-check the sections applied in this FIR. 

 

You'll not get any compensation in the criminal case. That can only be in the Motor Accident Claims Tribunal (MACT).

 

When the police files the charge sheet and the case is ripe for trial, you may be called as witnesses in the court.

 

How much time it will take? Well, it depends on the pendency in the courts in your city. You can better ask someone in your city.

1 Like

Jyotika (no)     14 July 2013

Thank you Sir for the prompt reply.

In FIR sec 279 is applied. One more thing I want to bring to your notice that when the owner of pickup came to police station he brought another man referring him the driver of the same vehicle(at the time of accident). My husband and son told the police that he is not the same person.

How can I approach MACT for the compensation? Can we file the petition for compensation now in MACT?

Adv Archana Deshmukh (Practicing Advocate)     14 July 2013

File a claim petition in the MACT claiming compensation about the alleged damage caused to the vehicle along with its proof. Make the insurance company of the opponant's vehicle also a party to the proceedings along with the owner and driver of the vehicle.

Sudhir Kumar, Advocate (Advocate)     14 July 2013

well advised by Ms Archana


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