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Arun (Manager)     26 July 2013

Road accident settlement

My friend was involved in an accident 2 months back. He was travelling in his bike and collided head on with another scooter. In the accident the driver of the scooter died, while the pillion driver was injured. My friend too was injured and hospitalised for a week. As the accident happened at night, it was the police who took them to hospital. Both the vehicles are not insured. The person who was driving the scooter was found to be drunk(blood reports from hospital). On being asked, my friend informed the doctor that he too had consumed alcohol.This information was sent in report.But in the blood analysis alcohol content was not found as he had consumed it around 3 hours before the accident.

Will my friends admission of being under the influence of alcohol have value since blood reports show the opposite ? 

The party of the person who expired has filed a case in court.

Is it possible to settle the case by paying compensation after the case has reached court ?

How long will the case continue if not settled ?



Learning

 5 Replies

adv. rajeev ( rajoo ) (practicing advocate)     26 July 2013

It is better to go for compromise. 

Adv Archana Deshmukh (Practicing Advocate)     26 July 2013

The case can be compromised even during litigations. Try for a settlement in the lokadalat.

1 Like

Arun (Manager)     27 July 2013

Thank you mam for your reply. 

Does the court close the case if a mutual agreement has been reached between the parties. The case has been filed only and the court has not taken it up. In case a compromise is reached in such a manner that my friend pays compensation and other party signs a document that they wont appear in court. Will the document be valid and can the other party in future continue the case ?

Adv Archana Deshmukh (Practicing Advocate)     27 July 2013

Ask the other party to withdraw the case in the court on the basis of the compromise. Do not let the case remain alive in the court with just the other party remaining absent.

Adv k . mahesh (advocate)     27 July 2013

you have to file the compromise agreement in the court and close the case and do the process as soon as possible because the case may be in initial stages then it wont be a problem for both the parties for compromise 


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