• IPC 279,337

I was driving in normal speed in highway 70km speed in a flyover, and suspected some fault in my car, so, slowly came to left end and stopped the car for few mins to check ,before the flyover ends in 50 meters.after few mins, a biker with heavy speed ,hit my back side of stopped car and he got injured.But,the FIR filed as due to my rash driving and sudden break caused the accident which is not fact,under IPC 279,337. Biker doesn't have insurance,helmet,etc.. Photo evidences clearly says that accident by already stopped vehicle in left most end. It's happened on noon time and not put the parking light.Please advice. If I pay fine based on FIR, it will create impression that i accepted the statement in FIR.What should be the best advice?.Can i contest the FIR?.Many says that it's common, that always case will be with big vehicle eventhough no mistake on them
Asked 3 months ago in Criminal Law
Religion: Hindu

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25 Answers

1. See if as per the photograph and punchnama your vehicle was standing still and the biker hit you from back you may contest the FIR. Also in case if it is possible by amicable settlement you may settle with the biker to quash FIR.

Shubham Jhajharia
Advocate, Ahmedabad
25499 Answers
111 Consultations

5.0 on 5.0

1. Yes. You should not pay the fines. 

2. Since you didn't commit any crime and burden of proof lies upon the prosecution your guilt won't be proved. 

3. So face the trial and come out acquitted. 

Devajyoti Barman
Advocate, Kolkata
21564 Answers
311 Consultations

5.0 on 5.0

Sir

If you have the evidence that clearly shows or proves that your car was standing still, then i would suggest you to kindly contest the case, there are higher chances of you succeeding and  while contesting the matter you may ask your lawyer to give an offer to the other side and settle it amicably.

Archit Vasudeva
Advocate, New Delhi
260 Answers
1 Consultation

5.0 on 5.0

Sir

Since he does not have a valid insurance, he will not be able to claim any kind of insurance and the pending case  it may delay the claim.

Kindly approach him  though your  lawyer, as he will be in a better position to understand his Demand and negotiate the same. 

if his injures are simple and no consumption of alcohol is found  in your test reports, then even the court can suggest you to go for an amicable settlement. 

Archit Vasudeva
Advocate, New Delhi
260 Answers
1 Consultation

5.0 on 5.0

No it will not affect it's totally different aspect than criminal trial. 

Prashant Nayak
Advocate, Mumbai
22089 Answers
49 Consultations

4.4 on 5.0

In a road traffic accident the police generally register  FIR against the bigger vehicle only.

Hence you may have to challenge the case in the trial proceedings based on the documentary evidences and merits in your side.

 

 Since your vehicle insurance is in force, let him claim insurance compensation amount from insurance company.

You don't give him any money to solve this problem.\

 

T Kalaiselvan
Advocate, Vellore
68881 Answers
929 Consultations

5.0 on 5.0

The section 279 IPC is not compoundable hence ther can be no compromise  to get the case disposed in your favor.

He can turn hostile to the case after which the court may acquit you.

However the insurance claim can be made on the basis of FIR also. 

Whether he will get any compensation or not depends on the insurance company's lawyer's arguments.

 

T Kalaiselvan
Advocate, Vellore
68881 Answers
929 Consultations

5.0 on 5.0

You shouldn't pay the fine and should not let him go. He rammed his vehicle and hence he should be held responsible.

Act accordingly. Challenge his version of the story. You have the evidence.

Rahul Mishra
Advocate, Lucknow
11500 Answers
20 Consultations

5.0 on 5.0

Engage a lawyer and challenge the fir. He doesn't stand a chance.

Rahul Mishra
Advocate, Lucknow
11500 Answers
20 Consultations

5.0 on 5.0

You can apply for and obtain bail 

 

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

Ajay Sethi
Advocate, Mumbai
78853 Answers
4742 Consultations

5.0 on 5.0

You can contest the false FIR filed against you 

 

since your car was stationary accident occurred due to biker negligence 

Ajay Sethi
Advocate, Mumbai
78853 Answers
4742 Consultations

5.0 on 5.0

1. You have the right to face the trial to prove your innocence.

2. If you admit your guilt through plea bargaining then while you may get a lesser sentence or even be let off with a fine but a criminal conviction will be recorded against your name which will be a major obstacle for your career prospects and also passport.

3. There is no question of third party insurance if he does not have a valid insurance.

Ashish Davessar
Advocate, Jaipur
29939 Answers
864 Consultations

5.0 on 5.0

Respected sir .. 

First of all this is a minor thing  you need not to worry about that...sir the statement which was made in FIR is just a kind of format which is used by the police ... Secondly he must file a case under MACT and latter on will compromise with you in this case....they just wanted to grab the money from the insurance company of your vehicle that it...

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1244 Answers
12 Consultations

4.9 on 5.0

You have very good case. 

Please do not plead guilty. You would be convicted sentence to pay fine and imprisonment. 

Please contest the case.you will be acquitted after trial. During trial your Advocate must focus on the facts as mentioned by you in the instant post. 

You may help biker off the record. 

If you contest the case ,challenge the version of prosecution and get acquitted then third party insurance is not lawfully classified to claim by third party.

Ramesh Pandey
Advocate, Mumbai
2523 Answers
8 Consultations

5.0 on 5.0

1. You may contact the biker and you can ask him to pay his lumpsum medical expenses if he agree for FIR quashing.

2. He will not eligible to get his own insurance he will file accident claim against you to get money from your insurance company.

Shubham Jhajharia
Advocate, Ahmedabad
25499 Answers
111 Consultations

5.0 on 5.0

It is a small metter...don't worry..

Settle it down and take an affidavit of settlement from the biker and give it to the policemen to cancel the FIR...

there is no use if contesting the case.

Rahul Jatain
Advocate, Rohtak
5314 Answers
4 Consultations

4.8 on 5.0

Dear Sir,

To avoid all consequences you can approach the High Court get entire FIR quashed which is possible in the background of history of bike rider.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
5583 Answers
218 Consultations

4.8 on 5.0

No effect if dose not have insurance. Third party compensation will recover from you by filing motor accidental claim. You have insurance, company will pay and will take long time in court.

ABout FIR, minute case, either contest it or admit guilty, court may leave you by paying fine.

Yogendra Singh Rajawat
Advocate, Jaipur
21355 Answers
31 Consultations

4.4 on 5.0

- Since, the police has lodged false FIR against you, then you should contest the case after producing sufficient proofs in your support. 

- Let him claim insurance from your company , as if you will help him as humanity before the court in the claim case , then it will come under admission of your fault. 

- Further, 279 is non compoundable , hence it cannot be settled , but you can approach the High court for cancelling the said FIR . 

Mohammed Shahzad
Advocate, Delhi
5310 Answers
51 Consultations

5.0 on 5.0

From examining all the facts of your query I want to say that-
I can understand your concern in this regard. These cases are very common in various Courts of India and Supreme Court of India. Please understand that Hon'ble Supreme Court in Khenyei v. New India Assurance Company Limited and Others (2015) stated that it is a case of composite negligence where injuries have been caused to the claimants by combined wrongful act of joint tort feasors. In a case of accident caused by negligence of joint tort feasors, all the persons who aid or counsel or direct or join in committal of a wrongful act, are liable. In such case, the liability is always joint and several. The extent of negligence of joint tort feasors in such a case is immaterial for satisfaction of the claim of the plaintiff/claimant and need not be determined by the court. However, in case all the joint tort feasors are before the court, it may determine the extent of their liability for the purpose of adjusting inter-se equities between them at appropriate stage. The liability of each and every joint tort feasor vis a vis to plaintiff/claimant cannot be bifurcated as it is joint and several liability. In the case of composite negligence, apportionment of compensation between tort feasors for making payment to the plaintiff is not permissible as the plaintiff/claimant has the right to recover the entire amount from the easiest targets/solvent defendant.

In Smt. Madhu Sehgal & Ors. v. H.R.T.C. & Ors, 1998 it was held that merely because the vehicle in question is a bigger vehicle, cannot be a reason enough to always hold the said bigger vehicle liable for negligence irrespective of the conduct of the smaller vehicle, which in the present case has been found to be callously negligent. In your case, you did not opened the parking lights but the bike rider was also not wearing in the helmet and driving fast as you stated. Photo evidences clearly says that accident is caused by already stopped vehicle.
If you pay fine based on FIR, it will create impression that you accepted the statement in FIR.

If you want to go for amicable settlement in this case then complainant also should agree for the same. You both can make a compromise deed and submit it in Madras High Court by filing quashing petition under section 482 of Code of Criminal Procedure (CrPC). In Gian Singh v. State of Punjab, (2012), Supreme Court explained the power of the High Courts under Section 482 CrPC. and had held that, “these powers are to be exercised to secure the ends of justice or to prevent abuse of process of any Court and these powers can be exercised to quash criminal proceedings or complaint or FIR in appropriate cases where offender and victim have settled their dispute and for that purpose no definite category of offence can be prescribed.”

In one of such cases I dealt with in Supreme Court the Court observed that though Section 279 is not compoundable however the contentions in Gian Singh’s case where the power of the High Court under Section 482 CrPC was not inhibited by the provisions of Section 320. The Court further observed that the type of offence dealt in the instant petition was not expressly barred or prohibited by the general view for compounding hence, the petition was allowed.

As per the Indian Motor Vehicles Act 1988, third party bike insurance is a mandate in India. No vehicle can be driven without this cover. The owner is liable to pay a considerable penalty if he/she drives a vehicle without insurance. I feel that more than 70 per cent of the 2 wheelers plying on the Indian roads are uninsured. It is primarily due to unawareness about its importance and few of them purchase it only for the reason that it’s mandatory by law, others due to negligence remain uncovered to the adversities that they may face in case their 2-wheeler causes damage to a third party, the liability of which as of now is unlimited and can run into crores. As per the new Motor Vehicles Act, the penalty for not having Third Party Liability insurance has doubled from Rs. 1,000 to Rs. 2,000. It is better to discuss in detail with Complete facts.

You may contact my secretary to connect with me for clarification. 

I hope you and your family are safe and healthy. Stay home and be safe during Covid-19.

 

Gopal Verma,
Advocate on Record & Amicus Curiae,
Supreme Court of India

Shri Gopal Verma
Advocate, Delhi
291 Answers
3 Consultations

4.0 on 5.0

If there was no fault on your part, it is better to contest, and not worry about insurance claim.

Swaminathan Neelakantan
Advocate, Coimbatore
775 Answers
8 Consultations

4.9 on 5.0

1. My advice to you is to contest the case by engaging a good criminal lawyer.

2. No it's not common you should contest the case if there was no mistake of yours. 

3. If you accept the mistake then you may have to pay heavy compensation to Injured under motor vehicle act and insurance company can deny your third party claim.

Mohit Kapoor
Advocate, Rohtak
10582 Answers
7 Consultations

5.0 on 5.0

You first take bail and then fight the case. The case would be dismissed if it goes on trial. Nothing to worry if your papers are in right order.

Mohammed Mujeeb
Advocate, Hyderabad
18689 Answers
11 Consultations

4.5 on 5.0

Immediately you need to apply and obtain bail.

It is the duty of the police / prosecution to prove the allegations, the burden lies on them, you need not worry.

Yes you need to contest the FIR, if it has no merits you can go for Quash of FIR instead of waiting for long time.

S Srinivasa Prasad
Advocate, Hyderabad
2818 Answers
9 Consultations

5.0 on 5.0

You are not at fault.

As your car is parked and accident happened due to biker's negligence.

You can go for quash of FIR as stated above.

S Srinivasa Prasad
Advocate, Hyderabad
2818 Answers
9 Consultations

5.0 on 5.0

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