You can inform to mact court or car insurance but I doubt you will get the same from them. You file a suit for recovery of the said amount from the said parent. Also file a case of defamation and providing false statement to police once you gets acquittal or discharge in the same.
Fir against section 279/337 of ipc
Respected Sir, Last month, a child aged about 9 years was hit by my car and his root foot was injured. It was bit dark outside around 7.30 PM, the child suddenly came in the road from left side and I had no time react. The left side tyre of the car crossed over his right foot. I alongwith the child's father had taken child to Private Hospital. Child's father had a Medical Insurance but there case was required to take TPA approval. Hospital told to deposit Rs. 25000/- thousand as admission fees. Then child's father told me to help him in depositing admission money with the assurance that he will repay me after the refund from Hospital, so I deposited Rs. 25000/- in hospital through credit card . Ortho Doctor had advised immediate surgery and told to deposit Rs. 1,25,000/- in the hospital. Again on the request of child's father I had deposited Rs. 1,25,000/- in the hospital. After some time Police had reached in the hospital and on the statement of Child's father FIR under section 279 and 337 of IPC has been filed against me same day. Only after receiving the copy of the FIR I came to know that child's father had given statement that " I was driving with mismanagement and negligence and tried to run away from the accident spot and he stopped my car" but the truth is that I stopped myself and supported them to start treatment of their child. Child father told me that he will get back the case once his child will recover. It will take 6-8 months to recover his child After that I release my car from Court order and submitted some documents in the Police Station. I.O. has informed that my case will soon start at two places one in MACT for compensation and other one is criminal case. I have a third party insurance of my car and have all documents of car. Medical expenditure of child had been cleared by the Medical insurance company and all money deposited in the hospital was taken back by child's father but he had not refunded me Rs. 150,000/- deposited by me and not answering my text messages. 1. I.O. has not taken my statement till date. May I give my statement in Police Statement and describe the whole incidence . 2. Where I can approach to get back money paid by me on behalf of child. I have paid through credit card and have receipts of statement. May I inform it at MACT court or approach my car insurance company to help me to get back my money , or I have to wait for proceeding at criminal court and request the Judge to pass order in this regard. Thanks Wait for your reply .
Asked 6 years ago in Criminal Law
Religion: Hindu
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10 Answers
1) in your statement to police narrate the entire sequence of events
2) in your reply to MACT court state that Rs 150000 has been paid by you for child medical treatment
3) your insurance company would not help you in obtaining refund
4) you would need court orders to direct father to repay your money
You file a summary suit for recovery of your money as the father can not keep your money which were reimbursed by insurance company. He can make any gain from you on the pretext of medical treatment.
1. Well, you paid the money seeing gravity f the situation and hence by no means you can get back this money.
2. Now if you can show this amount paid to him in criminal case then it would help you to get acquitted.
3. in the MACT case only the Insurance company would pay the compensation and there is no liability in the case.
4. Talk to them and try to make out of court settlement by saying them further compensation if they so demand.
file a recovery of money suit against victim father.
you can record your statement to I.O entire facts about incident about money taken by victim father.
In compensation claim, polcie has no role. Criminal will have no impact neither disqualify you for any purpose. You have to file recovery suit.
MACT city claim will not file as it compensate agasint the disability incurred and expanses of treatment. Since medical treatment already reimbursed by Med. insurance company,
And you are booked under section 279/337 which means minor injury. So no big compensation will order by court for disability.
Have to file recovery suit.
You should move a complaint against the father of child that his child was lying on road and I shifted him in hospital being law abiding citizen.
There he requested me to help and I have paid amount but now he has moved a false complaint against me and grabbed my money. Copy of statement and invoice attached with that application.
1. You record your statement as evidence before.court.
2. See you paid that amount as.compemsation it.was not loan so you cannot.recover same through the civil court.
Hi,
You are suggested to move high court with an application for quashing of FIR on the basis of your credit card statement and falsehood of FIR.
1. The criminal case filed against you is a routine procedure.
You can ask the complainant to file a compromise petition based on the amount he received or else to refund the same and challenge the case in court of law.
2. If the complainant is not responding to the call demanding refund you may issue a legal demand notice and proceed legally against him.
In MACT case since your vehicle insurance was in force as on the date of accident you need not worry about the insurance claim, the insurance company will take care of that.
