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Junaid (Engineer)     13 October 2010

Two wheel Motor accident

Hi Experts,

Around 5 months before i met with an accident while i was driving my motor cycle suddenly a man came in my way. it was not that much big accident, the person fell down and i shouted at him, then people gatherd around us some one told me to take him to private hospital, so i did.

There i came to know that the leg in which my byke hit him already operated previously 2 to 3 times on the joint wit metal plate attached.now due to impact a minor hair fracture occured.

doctor told me shall i call police, i said no i pay all the hospital bill.This person's wife told me that hole join is broken blood is coming bla bla bla that was not case. then next day he got discharged and i paid the bill. but i didnt get the bill doctor refused me for giving th bill.

Then i never contacted him.

then on last sunday he contacted me that he wanted hospital bill for claiming compensation from insurence company. i told me him doctor has not given him, he told me that he want bill other wise he make compalint to the police.

when i met the doctor he told me that why should hospital suffer between both of you.he refused me aslo giving the bill and doctor told me that that person has claiming the insurence under the HIT AND RUN CASE. if he has given the bill then myself and hospital both will be in trouble.

till now there is no involment of police in this matter with me.

what i want to know that what course of action i should take if he file complaint against me.

or is he able to file complaint against me as this accident happend exactly before 5 months and there is no punchnama or any FIR against me.

 

kindly suggest Thanks in advance.

 

 

 

 

 



Learning

 6 Replies

Junaid (Engineer)     13 October 2010

Sorry to forget one thing, that person told me he operated in private hospital and the surgery cost him around 2.5 lakhs so to get the 2.5lakhs from insurence company he need the hospital bill dated of accident day in which i hav hospitalised him.

 

Please reply me.

adv. rajeev ( rajoo ) (practicing advocate)     13 October 2010

he may file a complaint against you, police will do evertything for the money.  If he files a complaint then FIR will be sent to the court and after filing the chargesheet you will have to attend the court.  meanwhile your vehicle will be seized by the police.  You can get release the police station by exeucting a bond. If police referred the vehicle seizeure intimation to the court along with the FIR then you will have to get it release from the court.

The offences will be bailable and you will get the bail easily and also you will be acqitted  it depends on the lawyer who conducts the case on behalf of you.

He can also file motor vehicle accident case, you will have to attend the case.  If your vehicle is insured with IIIrd party insurance then insurance co., will be held responsible for the compensation.  You need not to take much tension.

Junaid (Engineer)     13 October 2010

Hi Experts,

 

Any idea to get away from this

dawood ahmed (advocate)     13 October 2010

Mr. Junaid,

Under the circumstances, if you had the insurance as learned friend Rajeev said you furnish the details to the injured, you wont lose any thing and at the same time you will be helping the victim in recovering the expences he incurred due to the accident. As it is you have to through all the exercise as learned friend Rajeev said but dont worry ultimately you can get  acquittal. Engage a good Advocate and face the case.

Pankaj Kumar (Legal Executive)     14 October 2010

In case the injured lodges FIR against you. the police will start investigation. He will seize your bike and will initiate criminal case against you under on charges of 437 or 438 as the case may be. If you already have reimbursed all the medical expenses then try to compromise the case before filing any claim case by the injured. IN case he files case for compensation then your insurance company will pay the the entire amount of compensation awarded by the court. Make sure you were having a valid driving license at the time of accident. If you do not have driving license then you have to pay the entire compensation. It would be better that you contact your insurance company and ask them to do pre litigation settlement with the injured. It will help you as well as your insurance company to be away from the complex litigation in the court of law.

sumanshetty (xyz)     14 October 2010

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