• Selling of car which is involved in accident

Hi

Eight months back my car met with an accident on highway. My car hit a pedestrian who was crossing the road.
I have admitted the victim in hospital and informed police. They have registered fir on me with sections 279,337,338 .

I have paid 2500 fine to court and now the case is in motor accident claims tribunal and from past six months it is in evidence state.

Can anyone clear my following doubts
1. What happens after paying the court fine is the case still on me and will be there any problem like jail term etc
2. What is the evidence state means
3. Can I sell my car if not till when I need to wait to sell that
4. If I want to sell what is the procedure 

Thanks
Asked 7 years ago in Civil Law

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7 Answers

section 279 of IPC deals with “Rash driving or riding on a public way”

2) SC has held held that the constitution of offence under this section must be proved in reality that the accused (that’s you in this case) created danger to human life by rash and negligent driving on the road or caused hurt or damage to any person, further “rashness” should be proved

3) section 337 of IPC which deals with “causing hurt by act endangering life or personal safety of others” can be compounded by a person to whom hurt is so caused, with the permission of the court.

4) as far as case before motor accident tribunal is concerned evidence stage means testimony of witnesses has to be recorded

5) you can sell the car with permission of court . make application under section 451 cr pc

Ajay Sethi
Advocate, Mumbai
95222 Answers
7612 Consultations

5.0 on 5.0

1. The prosecution is pending would lie against the person who is named in the case. The new owner would not be prosecuted for sure.

2. Now the complainant would testify in the court.

3. The pendency of the car ahs nothing to do with the sale of the car.

4. get a buyer and sell it. No special procedure is required. The blue book is to be changed in the name of new owner.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

Supreme Court in Sunderbhai Ambalal Desai v. State of Gujarat (supra). The relevant portion of the said judgment is reproduced hereunder:-

"11. This Court is of the firm opinion that return of vehicles and permission for sale thereof should be the general norm rather than the exception it is today. The clear dictate of the Hon'ble Apex Court in this regard is followed more in the breach than in observance. Given the facilities of the modern day, there hardly is any scope to think that evidence relating to vehicles cannot be held in altered form. Causing of photographs and resort to videography, together with recording such evidence as befits a particular case would well serve the purpose. In cases where return of vehicles is sought and the claim therefor is highly contested, resort to sale of vehicle and credit of the proceeds in fixed deposits pending disposal of the case would be to the common good. None gain when the mere shell or the remnants of the vehicle are returned to the person entitled thereto, after completion of the trial. It would be no surprise to find that several vehicles have not been so much as claimed after completion of trial, because of the worthless state they have been reduced to. It is but natural to expect that a person eventually entitled would rather have the sale proceeds together with interest, than nothing at all.

Ajay Sethi
Advocate, Mumbai
95222 Answers
7612 Consultations

5.0 on 5.0

if you sell the car with permission of court you would not face any problems with the insurance company

2) at time of accident car was subject matter of insurance and company would be liable to pay for compensation

Ajay Sethi
Advocate, Mumbai
95222 Answers
7612 Consultations

5.0 on 5.0

1. It seems that you were convicted by the court for the offences under sections 279, 337 and 338 IPC and let off with a fine. Be that as it may, the civil proceedings before the MACT can continue with full vigour.

2. Evidence means to examine witnesses.

3.You are free to sell your car unless you have been restrained by the court from doing so, but the liability of compensating the victim may then fall back on you instead of the insurance company.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. What happens after paying the court fine is the case still on me and will be there any problem like jail term etc

Since you have already paid the fine amount that was imposed by the court, you have been relieved from the case by just fine amount alone.

There will be no further criminal case proceedings agaisnt you.

The pending cases have been disposed.

2. What is the evidence state means

Probably you are referring to another case under MACT which would be pending under evidence stage.

The petitioner/claimant has to begin trial in that case which is mainly against the Insurance company seeking compensation.

3. Can I sell my car if not till when I need to wait to sell that

If the criminal case has been disposed then you can very well dispose your car also.

4. If I want to sell what is the procedure

You can follow the usual procedure of selling the car.

T Kalaiselvan
Advocate, Vellore
85424 Answers
2239 Consultations

5.0 on 5.0

If I sell the car will there be a problem from the insurance company, like they may tell to the court that the insurer got changed and they won't be paying the compensation for the victim

No, the Insurance company cannot take a plea that way.

The claim is concerned about the accident alone hence the insurance company will look into the insurance policy and its effectiveness at the time of accident.

T Kalaiselvan
Advocate, Vellore
85424 Answers
2239 Consultations

5.0 on 5.0

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