Hi - I need a piece of advise from experts on a case where I have been indicted. In June 2014, a bike hit my car as I was about to take an u-turn ( location: Lodhi road, New Delhi). i did not wait ( I admit this was a mistake) at the spot. The biker has filed a case ... and mistakenly against my wife who was sitting in the rear seat with my baby. Now since my wife does not have license, there is a serious danger that I have to pay damages ( which the accused has claimed in lakhs!) in stead of the insurance company. My lawyer says nothing can be done. ( we had requested the claimants lawyer to include my name instead of my wifes so that the liability shifts to the insurance company ). Can anyone kindly suggest a way out of this tangle? Thank you! Arnab Mukherjee
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in whose name is the vehicle registered R.C Book Owner, if it is in the name of your wife, then the case for compensation can be filed only against her.
But on the contrary if the R.C is in your name and the victim has filed the complaint with malafide intentions or harass you against your wife. Then file a MFA against the petition filed against your wife in the High Court, New Delhi seeking quashing of the complaint itself.
ask your lawyer to explore this possibility.
Hi Mr. Murthy - thanks for a prompt response. The RC is in my name. At present, 2 cases are running. One in Saket MICT for compensation and one in Saket criminal.
Like I said in my earlier response, please instruct your advocate to move the High Court seeking quashing of both these complaints/cases filed against your wife.
Before the lower court however you as the R.C owner can seek to implead your self as the respondent by filing an Impleading application, there you can state the true and correct facts. Court is bound to allow this application.
Post this contemplate on moving the High Court.
1. Have both the cases i.e one for criminal prosecution and the other for compensation been filed against your wife?
2. If the claimant has launched the prosecution against your wife who does not possess a valid license the insurance company cannot be made liable in any manner.
3. The best legal recourse for you is to contest the case on merits. This is the only way you can escape being held liable by the court.
1. The biker has filed a case against your wife,
2. What is the status of the case? Was there any investigation about the allegation?
3. Does your wife know driving?
4. She should contest the case claiming that she does not driving and was sitting at the rear sit with her vson and you were driving,
5. The complainant shall have to prove that it was your wife who was driving.
1. Let your wife deny that she knows driving as advised in my earlier post,
2. And let there be another case against you.
Whether any FR registered on your wife's name?, if so he criminal case can be challenged by extracting the truth from him during cross examination. Nothing to worry when your wife has not driven the vehicle but has been arrayed as an accused. If you are not comfortable with your lawyer you may change him immediately and engage better and skilled lawyer.
In fact the complainant has done a blunder by impleading your wife as an accused because if she is acquitted in the criminal case, the mact case will also be dismissed and he cannot claim even insurance amount.
