My Vehicle met with an accident when a motor bike rider turned the vehicle and stopped across in the middle of the road all of a sudden and was talking to some other person on other side of the road. I applied brake immediately, tried to control the vehicle at my best but couldn't avoid an accident. After Accident immediately we requested for an ambulance. They both were not wearing helmets, they were in conscious state while shifting into ambulance. In meantime police was passing by and they also almost noticed the incident live. They said that You Tried your best to stop and said that due to the bikers irresponsible driving, accident has caused. Police themselves arranged us a vehicle to continue our further journey as i was travelling with my wife and kid. They asked me to come the next day to Police station. They have took my vehicle to PS along with the Bike. Next Day when i went to police station they said that an FIR has been lodged against you stating as rash driving ( Which i haven't). I have all the Valid Documents of my vehicle ( Driving License, RC, Comprehensive Insurance, Pollution, moreover we were wearing our seat belts). What will be the next course of action? How to get my vehicle back from PS? They are dealing all in the local language and i don't know the local language. Pls Help Me. The above incident happened in North Karnataka National Highway.
1) no case of rash and negligent driving is made against you
2) you have to contest the case on merits
3) apply for bail
4) burden of proof is upon prosecution to prove that you are guilty of rash and negligent driving
5) you have to make application to court to release your vehicle . It would be released on furnishing surety bond
Contact a local lawyer to pursue this matter since a FIR has already been lodged.
This case can be closed by paying some fine, that will be imposed on you by the Court.
Engage a local to pursue this for you.
Hello,
1) You don't need to be so worried. Engage a lawyer immediately and apply for anticipatory bail from the district court. It is a usual practice at any accident to charge you with rash driving especially when you're driving the larger vehicle.
2) The trial will call and it will take years to get disposed of. Once you have secured the bail, you can be at rest. You can move an application in the concerned court where the criminal case is registered for release of the vehicle.
3) As you have a valid insurance the insurance company will take care of the damages to the vehicle, the bike and compensation for the injuries suffered by them in the accident. This would be another case in the Motor Accident Claim Tribunal.
file a quash petition in high court under 482 crpc. this is your next course of action.
Hello,
Engage a local lawyer.
Application has to be filed before concerned magistrate for getting your vehicle released.
Also the police will do the investigation wherein the court will summon you to appear.
What all sections are there in the FIR
REGARDS
hello sir, it is advisable to engage a local lawyer to assist you with the case ..the vehicle shall be released by filing an application of superdari in court..since the FIR is lodged and it is a compoundable offence , therefore you can compensate the victim and close the case in court
If you are not conversant with the local language then its better to hire an Advocate. He will file an application before the concerned Magistrate for release of the Vehicle. The Court will allow the vehicle to be released on superdaari. subject to fulfilling the conditions mentioned therein. Show the superdaarinama and the Order of Court to the Police where your vehicle has been kept and get it released. Further if an FIR has been lodged against you then get a copy of the FIR from Police Station and consult your lawyer after perusal of the same.
You have to secure bail in police station or court. You can apply to court for custody of your car pending trial in form of return of property.
Go to the court within which the concerned PS falls and move an application for release of vehicle on superdagi nama. Hire a local advocate n he will advise you accordingly.
Dear friend,
Nothing to worry. After vehicle inspection by the Motor Vehicles inspector it will be release by themselves if you manage otherwise you to approach the local court and get it released by producing RC and execute Bond with some conditions. It may take some time and it is better to engage the local lawyer to get it released immediately.
Since it is covered under insurance there will be no problem. If subsequent death occurred then the FIR will be accordingly amended to Section 304A IPC. If no death occurred and if you pay compensation by out of court settlement then the police will file charge within 2-3 days and you will be asked to plead guilty and fine of Rs.2.500/- will be imposed and case will be closed.
If you don't know local language, police will exploit.
In such cases, police will take the vehicle for inspection to check the brake condition.
After report, the vehicle will be returned to you.
If they don't return, then you have to file a return of property in the local court with the help of a lawyer.
But, police will take money and release vehicle without further complications.
After the accident the police lodged a case against you. So you have to take a bail from police station or from court depend up on the sections charged against you. After vehicle inspection by the Motor Vehicles inspector, vehicle will be release or otherwise apply claim petition before concerned magistrate court for getting your vehicle from the custody of police .
The same time you have met a criminal case of rash and negligent driving and other sections. In the above circumstance you have to contest the case on merits.
Also you will get another case in future from Motor Accident tribunal, which may lodged by injured person .
Expect to get 2 cases - one from magistrate court and another from Motor Accident tribunal,
Respected sir ...
Firstly believe in yourself that you can do anything don't be phenk it was just a normal this ...
1- just hire a local advocate from there who knows english as well as that local language..
2- Apply for anticipatory bail in court which police have charged you in that said FIR {all bailable }
3- your vehicle will be back to you from court order you have to take suoerdari of that vehicle ..Where you need to furnish bonds ..
4-Sir accident have occurred in which our vehicle was involved as we have to face the trial ..If the boys are alive you can ask them for compounding of cases if they agree you aree free from all such things ...And that will be much better for you ..
Thank you
1. In order to get your vehicle back you have to file an application for release of vehicle on superdari in the court. Engage a local lawyer for your defence.
2. If you have not obtained bail then obtain it immediately.
3. A local lawyer will be able to read and understand the local language.
Hi,
The FIR in this case may have been filed by any person and the police have to investigate and put the final report.
In the mean time you need to file a petition in the court to release the vehicle and may get release on affidavit to present the vehicle if needed for investigation. The court may ask you to furnish a bond for the story.
In general, the police will try to register FIR omn bigger vehicles only.
This is routine hence there is no use of agitating the issue with the concerned police.
You can challenge the case in the court on the merits and the factual circumstances.
You engage the services of an advocate, get yourself enlarged on police bail and then face the case in trial court accordingly.
Hi, you are suggested to take help of some relative/person knowing both the languages and approach the court for release of the vehicle. Also, because there was no fault on your part, you may not be required to pay anything rather you may ask for compensation from the bikers.
