• Car accident

I had a road accident with my car and a autoricksaw. I was trying to make way but suddenly the autoricksaw manuavered in such a way that it came in front of my vehicle. Distance between us was not much so we collided. The auto went sideways and overturned. I sttoped my car and saw the driver coming towards us. I offered him to take him to bear by hospital. Some 4-5 local came running toward us who seemingly knew the driver and sat in my car along with the driver.
At the hospital, after x-rays and primarilarly medical check up Doctor told that he is fine but reffered to specialist to be sure.
We tried to settle the case ie. to not lodge any FIR on my commitement that i will bear medical expenses and vehicle damages. I bore all the expenses at the hospital and gave 4000 cash extra for further check ups.band, thought that it is over.
Butz after 2 days, some local heavyweight, who was present at that time, called me and said 18000 have been spent and they need more 10k for MRI and more medical check ups.
I seemed fishy to me and a way to extract money from, as they knew that i am a service person.
They are trying to intimidate me. Today, police station incharge of that place me and told me to fullfill my commitement. I tried to tell him that Doctor at that time had declared no major or minor injury just some bruises. It is unfair for me to expend 28000 rs that too at no guarantee of further demand. But he paid no attaintion to my appeal just kept telling me to full fill my promise.
My girlfriend was also in the car. They have called so many times that we are in immense pressure. Both of us are service personal.
We just want to settle the case. But now, it is becoming too much after that call from police incharge.
We dont want any problem to our employment. But it is also not sure that they would stop after our 28k payment, even thought it was not our fault at all.
What should we do? Please suggest.
Asked 6 years ago in Criminal Law
Religion: Hindu

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11 Answers

Respected sir..

as the facts mentioned by you above are generally common in such type of cases there is nothing even such kind of cases are pity in nature but sir as above stated by you that you are service personals i would like to advice you like a brother instead of an advocate ... i know they are demanding so much but it will be better for you to pay them ans solve the matter as soon as possible ...sir once you come in the litigation you have to spent much more money as to pay to advocate and along with that you will only get harassment ...ask the police official to make the settlement in written and then pay to them you can take help f an advocate prior singing that settlement..

 

THANK YOU

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations

As on date no FIR has been filed 

 

2) ask them to produce supporting bills for additional money demanded by them 

 

3) amicable settlement is best option 

 

4) if any case is filed apply for and obtain bail 

 

5) burden of proof is upon prosecution to prove allegations beyond reasonable doubt 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Amicable settlement is best option 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

try to settle dispute amicably through an mediator or advocate. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You can settle the same mutually.  Court and police station will not force you to continue

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

You can’t do anything at this point of time. You are in a fix. You may decide not to give Money and let them file the case and fight in court.

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Alternatively you may ask some one to call police and cooperate with you also. A call from some higher official will do the work for you

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Why are you worrying for such brushes no FIR files or even if file, you will be discharge by filling fine. Tell them straight , provide you BILL, you will pay them.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Under the circumstances, since police have been involved in it, a sizable amount would go to police as well, hence you may ask the police to registered a case after which you may obtain an AB  and challenge their case in court of law because they have no cae at all, if at all there was any case then the police should have taken cognizance of the offence at that time itself, now the fabricated case may not stand its worth in the trial proceedings, hence dont worry about it, you may refuse to pay any amount, and also yo may even file an application before sessions court for anticipatory baiol even without any case being registered by police so that the police will be forced to take a legal action on this and you will be safe and relieved fro such atrocious acts of the team.

This will not cause any damage to your service, dont worry about it.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

This is an accident case hence even if there is a FIR against you, there is nothing to be worried about it, you may first obtain anticipatory bail even if the police are yet to  take any action on it, after that you can challenge the false case properly in court of law by engaging the services of an advocate in the local.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Dear

No need to pay the amount they are asking you to pay to them.

If police is supporting them send an application to SP for complaining against those persons for asking for extortion and police officials are favoring them.

If you want to be safe then check with the police if there is any FIR against you or not then take next step accordingly 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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