On 22nd of December, I met with an accident. I was driving my car on a two way lane, which was not divided by any divider, I was driving really slow, around 10-12 Kmph. There was a traffic congestion, so i decided to to take a u-turn, i practically just turned my car around 10 degrees at a speed of less than 10kmph, and motor bike coming from behind me, barged into my bumper, there were two guy, who both got hit, later I learned one guy foot was fractured and other has bad knee damage. I stopped the car and dropped them Medical trauma center and now 5 days later i got a FIR filed under Section 279 and 337 of IPC, police has called me to meet the victims in police station. One important thing, is that during the accident, my driving licence was impounded, i have legal receipt for the same, pls advice how should i tackle it.
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See firtsly driving license was impounded won't have effect as you had valid reciept and that was valid to drive the vechile.
Secondly in court onus is on them to prove the negligence on your part as you were slow and they bumped in from behind but for that you need to face the complete trial.
Better option in such cases is to settle with victim by offering some amount and getting offence compounded
These are bailable offences and you can take bail it may be allowed in the police station as well and let the police complete the investigation and in case you found guilty then only you need any contest.
Dear Sir,
Kindly note that in both the sections framed against you are available offences and you would have to pay only the fine as per them.
We can file an application for bail and release of documents that were impounded. There is no problem to that regard.
You have been charged with rash and negligent driving
2) apply for and obtain bail
3) burden of proof is upon prosecution to prove allegations beyond reasonable doubt
4) reach an amicable settlement with the victims
1. You are the victim, not the injured guys.
2. If there are CCTVs at the accident site then file a formal application to police to retrieve the footage.
3. Since the FIR has been registered you need to firstly apply for and obtain bail. Depending on the specific allegations mentioned in the FIR you may file a petition for quashing of FIR in the High Court. So consult a lawyer with a copy of FIR.
in this case you need to look upon the stage of the case. However you can hire a good lawyer and comply with the terms of the summon. You may also prepare to file an appropriate reply to the case and can also prepare other required documents for the defence in the case.
You can first obtain bail, after getting enlarged on bail, you may look for compromise settlement with the defacto complainants.
They can even avail insurance claim by filing MACT case.
For the present do not enter into any settlement agreement because the bargain amount would be heavy, let the case come to the court where you can go for a compromise.
You need to take bail for the Same. You can compound the offence in court after settling the matter or can contest the trial in court
Dear Client,
Criminal case will decide by paying minor penalty but if accidental claim filed than due to no license to drive, you will be liable to pay compensation. If hit is from back than it will decide in your favor as no fault of yours.
hello
you were practically crawling and therefore they banged their bile as they were at a very high speed. go to the PS with an advocate and explain the situation and also tell them of the help provided by you after the accident to the 2. I don't think they have a strong case, although you must use an indicator however slow you are this is the only weak point in your case.
regards
