• Mva 279 338

Hi sir. I had met with an accident where my car was hit on the back by a two-wheeler when I had slowed down the vehicle near a road hump. The person despite being admitted by me to the hospital via my car has filed a case against me now stating the accident happened due to my rash driving and sudden stopping of car. I have all the required documents including thrd party insurance. Now I got a notice for which I went to the court but there was no representation from the opposite party. Judge asked me to file a statement and gave a date to me. The local police have sent a criminal case notice to me asking me to attend court and pay the fine for a fault which I have not done. I had filed the complaint voluntarily on the date of accident and got my car released from the station after thorough inspection from the RTO over here. There were no eyewitness to this case and the victim has filed the case after I have filed it asking for 16L compensation from me or insurance company as his hand bone was broken when he fell off the two wheeler leading to some kind of disability. Let me know what I should do to safeguard my interest now. I haven't hired any lawyer thus far for this as I am 100% not at fault here.
Asked 5 years ago in Criminal Law
Religion: Hindu

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19 Answers

You need to engage Lawyer

2) deny allegations of rash and negligent driving

3) burden of proof is upon prosecution to prove allegations against you beyond reasonable doubt

4) Rs 16 lakhs compensation claimed is exorbitant

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

Its better to hire a lawyer at this stage of your case. You will have to contest the case now.

Anupam Kirti
Advocate, New Delhi
90 Answers
2 Consultations

4.9 on 5.0

You need to contest the case of 279 and 338 and in both the sections you need to file your affidavit in the court.

As your vehicle is hit from behind it is the duty of the driver of the vehicle drove behind you to take almost care.

You break due to the speed breaker and he hit behind. The speed breaker is the main point for your contest in this case.

Contest and see what police report comes in the mean time.

Best of luck.

Vimlesh Prasad Mishra
Advocate, Lucknow
6849 Answers
23 Consultations

4.9 on 5.0

He has to claim compensation through accident claims tribunal or from your insurance provider.

Normally, IPC 279 and 338 is invoked in case of minor accidents. However, don;t be lenient as you may not know the consequences. Once you get summons, engage a lawyer to put forth your case.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

1. Your thinking that you are 100% not at fault is not enough.

2. You shall have to prove before the Court that you are not at all at fault and that requires a long process loaded with with uncertainty about the result.

3. Had there been no demand for Rs.15 lakhs and had it been a police case for rash driving, I would have suggested you to plead guilty and pay fine for a maximum amount of Rs.1,000/- and forget the matter as otherwise the case will be stretched to a long period.

4. However, in the instant case, you have no alternative other than contest the case fittingly with all the evidence at your disposal.

5. Engage a local lawyer having expertise in this field.

Krishna Kishore Ganguly
Advocate, Kolkata
26800 Answers
726 Consultations

5.0 on 5.0

Hello,

Yes you are not at fault. Engage a lawyer who can peruse the content of complaint and then give you a concrete opinion. Also, note that you have the right to approach the HC to challenge the proceedings initiated in the lower court.

Regards

Anilesh Tewari
Advocate, New Delhi
17943 Answers
377 Consultations

5.0 on 5.0

No you will not have to pay.

The insurance will be paid by the insurance company, otherwise the concerned person will have to file a claim in the MACT clause to give the insurance claim.

Regards

Anilesh Tewari
Advocate, New Delhi
17943 Answers
377 Consultations

5.0 on 5.0

Since you have valid third party insurance claim amount if any awarded would be paid by the insurance company

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

The third party insurance amount is limited to Rs 7.5 lacs.

Please see your insurance policy wordings in this regard rest is on the court to decide.

Vimlesh Prasad Mishra
Advocate, Lucknow
6849 Answers
23 Consultations

4.9 on 5.0

Whether you will have to pay or not will depend upon how well you contest your case. Try to prove the negligence of the person who hit the vehicle.

Anupam Kirti
Advocate, New Delhi
90 Answers
2 Consultations

4.9 on 5.0

Respected sir...

This is just a peety offence but you have to face trail as your vehicle was involved in this case don't worry there is no big issue just hire a good lawyer he will himself handle all situation ...You need not to pay any compensation if your vehicle was insured from any insurance company ... Don't create peenic it was just a simple trail ...

Thank you

Dinesh Sharawat
Advocate, Delhi
1259 Answers
12 Consultations

4.9 on 5.0

No. It is the insurance which has to pay.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

1. You have third party insurance for which the insurance company will pay the insured amount towards the actual damage by your said accident but certainly not Rs.16 lakhs as claimed by the said person.

2. Since there is no eye witness to the said accident and it is a private case filed by the said person and not FIR registered by the Police, it will not be prudent on your part to plead guilty to shut the case as it might lead to your admission to the guilt calling for payment of the damage claimed by the person.

3. Contest the private case filed by the said person fittingly.

Krishna Kishore Ganguly
Advocate, Kolkata
26800 Answers
726 Consultations

5.0 on 5.0

Dear Sir,

Your liability is nil. Be assured. You will have to pay maximum fine of Rs.2,500/- if you admit the guilt in criminal case.

It does not become any difference in payment of compensation if you plead guilty or not.

You need not bother about proving or non proving of criminal case, it is better to pay the fine and come out instead of facing the trial.

The following link may be visited, to educate your self as to why they are claiming 16L compensation.

https://www.indiatoday.in/pti-feed/story/road-accident-victims-family-get-rs-16l-compensation-[deleted]

Kishan Dutt Kalaskar
Advocate, Bangalore
6069 Answers
392 Consultations

4.8 on 5.0

1. The trial is to be conducted by the public prosecutor on behalf of the state, not the opposite party.

2. Even if you are 100% sure of not being at fault you should engage a lawyer to defend yourself.

3. Since you have third party insurance the insurance company is liable to pay the compensation which it can then recover from you.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Appoint a lawyer. If you plead not guilty you have to face trial and do cross examination of the witnesses. If the case doesn't have merits move discharge application in Court. You can also go for quashing of the case in HC if your case has merits.

Prashant Nayak
Advocate, Mumbai
28106 Answers
93 Consultations

4.4 on 5.0

It may not be your fault at all but the police will generally register the complaint against the owner of the big vehicle involved in the accident.

This does not means that you have done this offence.

You can fight it out in the court of law if you do not want to pay fine and close the case.

You can engage a lawyer and strongly challenge the case in court of law and get acquitted.

As far as the insurance claim is concerned the insurance company will take care, you dont be worried on that count.

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

Since I have a valid documents with third party insurance am I liable to pay the claimed compensation of 16 lakhs or any part of it in any case?

This is a claim against the insurance company only , hence you need not be bothered about it, let the insurance company handle the case further.

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

No you do not need to pay the compensation it will be paid by the insurance company. And try to prove before the court that it was opposite party's fault not yours. Nothing will happen.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

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