Hello,
He can file a case to claim compensation, he was not wearing a helmet will be your defence. You can not do anything yntil and unless any case or FIR is filed against you.
Regards
Car accident I was driving car and bike came to hit my driver edge of car
Car accident I was driving car and bike came to hit my driver edge of car I was driving my old car Ford ikon with my kid and wife , with in fraction or Un known seconds bike came hit my driver edge of windshield and mirror broken I was driving normal 30kms and slow down Car left parking edge of road . I went to see two person hit , Symptoms lying on road 1 st person 1) he has right knee flush coming out 2) see elbow of right hand and one finger broken 2nd Person(back side sitting on bike ) 1) had minor injuries dots at right leg side Being my wife doctor just pack cloth to knee . Police turned up waited for 30 to 40 mins to get ambulance . My wife went home by other transport I took both them to govt hospital and due to people hesitate I avoid to came out . After coming home my right leg swelling Suggest what should I take care off further Precautions Note: bike driver not wearer helmet and it’s sport bike and my car is old 2006
Asked 6 years ago in Civil Law
9 Answers
The police will register case and do the investigations.
As now they have not attested you and released you need to just take care that they should do the fare investigations and do not put the sections of rash and negligent driving.
You should get your medical report for the accident hurt.
Dear Sir,
There is nothing to worry. At the most police may file FIR and charge sheet against you for the offences under section 279, 337 and 338 of IPC. Since you were driving four wheeler normally case will be booked against you only. The insurance company look after compensation if driver of the two wheeler files any claim petition. You just admit your guilt in the Court and pay maximum fine of Rs. 2,500/- instead of facing the trial for more than two years. It has no side effect on claim petition for compensation. Above sections are reproduced below for your ready reference.
Section 279 in The Indian Penal Code
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.
Section 337 in The Indian Penal Code
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.
Section 338 in The Indian Penal Code
338. Causing grievous hurt by act endangering life or personal safety of others.—Whoever causes grievous 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 two years, or with fine which may extend to one thousand rupees, or with both.
1) casevof rash and negligent driving will be filed against you under section 279 , 337 of IPC
2) deny allegations of rash and negligent driving
3) apply for and obtain bail
4) burden of proof is upon prosecution to prove allegations made against you
Hi,
You take medical precautions for yourself and also have the necessary documents from police and hospital to defend yourself, if the person file claim against you. You may also file complaints of harsh and negligent driving against them and also the MACT case for damage to you and your car.
Hello sir , it's better to compromise with the victims , to avoid police FIR ..
Dear Client,
If they file FIR, than complain will book u/s 279, 337 and if grievous injury than 338 also of Indian Penal Code.
Is there any eye witness ? and u r sure that collide in not cause of ur fault than no worries, ur bonafied will also proved by your act of taking them to hospital.
Compoundable offense, no big criminal viability will arise. And in case they are willing to file FIR and u r ready to bear their medical expanses, matter will be over with settlement.
Check if FIR is filed or not at PS.
In such situation, criminal complain is file, so that on the basis of chragesheet , motor accident claim can filed against driver, owner and insurance company. Hope car is insured.
Whatever the circumstances the police would register a FIR at the instance of the bike rider.
Mostly the sections covered would section 279 and 323 IPC.
You can obtain police station bail and then arrange for a compromise with the bike rider so that the case would be disposed by the court when the police files a charge sheet.
It may not be your fault at all, but that has to be proved in the court in a long stretched legal battle.
Give a report police punishable under sec.338 IPC and also MV act
