• IPC 337 338 427 279

2.5 years ago a biker crashed bike into my father car from behind. he then filed ipc 337,338,427 and 279 against my father ,and insurance company. now last year the claim case has been over in which he is awarded compensation (judgement written as compensation to be jointly paid by insurance company and my father).my father was granted bail in start of the case and we denied accident. My father has valid DL and insurance. we hired a stupid lawyer who never told that there is other case of negligence driving left . Now we got call from police after 2.5 years that they need to submit challan of the case so please submit original RC and license and the victim family is moving to high court to claim more compensation. please suggest what are the outcomes. I think the victim family wants us to compromise and offer money. As in claim case the compensation is offered, i hope all the compensation is insurance company liability and we need not worry.
Asked 8 years ago in Criminal Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

7 Answers

1. if the victim family can be approached then to talk to them settle the dispute.

2.If they are agreeable to settle on receipt of payment then you can get the case quashed from high court on their consent.

3.If the case is getting settled then there is no need to submit any original document.

4.i any event the police can seize any document beofre submission of charge sheet but after the submission of charge sheet they can not ask you to deposit any document with them.

Devajyoti Barman
Advocate, Kolkata
23652 Answers
537 Consultations

Since you have third party insurance in event of accident insurance company will pay the compensation

2) section 279, 337 , 338 of IPC deal with rash and negligent driving

3) 279. Rash driving or riding on a public way:

"Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both."

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both

The offence is Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

.

The main ingredient of section 279 of IPC is rash driving in publc way.

4) your father has to deny that there was any rash driving on his part

5) 337. Causing hurt by act endangering life or personal safety of others.—Whoever causes hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

Under section 337 driving rashly and endangering life and safety is punishable

It is compoundable offence

Ajay Sethi
Advocate, Mumbai
99772 Answers
8145 Consultations

Hi

The police asking for the submission of the originals of DL and RC is only for the purpose of investigation.

It will also prove that there was a valid DL in your father's name .

it appears to that there was a deliberate delay in proceeding with the accident case from the part of the police , to support the biker in his claim.

since the trial in the motor accident case did not happen as the police dint submit the charge sheet after the FIR making your dad accused including under 279 of Ipc.

usually the FIR is considered in MACT while ordering the matter and in this matter trial has not taken place in the criminal court since police didn't submit the Charge sheet which ultimately helped the biker and his lawyer.

whereas your side could have had a better defense if your dad had got acquitted in the criminal case charged by the police.

if the car was hit from behind your father then sec.279 is a made up charge , you should provide supporting details and evidence if anything you have , to the officer and co-operate with them.

First go and meet the concerned investigating officer. if the biker has approached the police for the help to support his claim, they may be trying to help him for the purpose of accident claim .

so you should meet the officer.

it must be a deliberate delay made by the police till the MACT order happened for the purpose of compensation, as the acquittal of your dad in the accident case/FIR which was charged u/s. 337,338, 427 and.279 would have dismissed biker's accident claim before the accident tribunal as his contributory negligence.

In high court you can bring to notice of the court that the accused in motor accident case charged by the police is yet to be tried and can be acquitted on certain ground .

the next step should be based on the charge sheet and what is mentioned in it, if the police is going to file it in the court. either take trial or compromise as the sections are compoundable under the provisions of criminal procedure code.

at the end, if there was a valid insurance policy your dad will not have to be pay as the company is liable to pay

Thresiamma G. Mathew
Advocate, Mumbai
1645 Answers
212 Consultations

If you are made a party you better appoint your own alwyer.

Devajyoti Barman
Advocate, Kolkata
23652 Answers
537 Consultations

it is better you engage a lawyer for the hearings in HC

2) insurance company would be engaging lawyer and contesting claim for enhanced compensation

Ajay Sethi
Advocate, Mumbai
99772 Answers
8145 Consultations

The compensation or MACT case is different to that of the criminal case caused due to accident.

If the victim side is ready and willing tom compromise, then the next option is to file a quash petition under section 482 cr.p.c. before high court in which the defacto complainant can express his/her no objection to quash the matter as he/she has already claimed compensation award from parties through court and would not like to press her complaint.

This would make ensure the high court quashing the FIR and your father would be released from the pending criminal case.

T Kalaiselvan
Advocate, Vellore
89974 Answers
2491 Consultations

now the victim would be going to high court for increasing compensation he got from lower court. Then again i have to go the hearings in HC and hire a lawyer.?? Cant only insurance company handle this?

If your father has been impleaded as a party to the appeal preferred by the appellant, then it becomes your duty to defend your interest, otherwise the decision may be against you.

T Kalaiselvan
Advocate, Vellore
89974 Answers
2491 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer