Hello, This is regarding my brother, who is an auto driver. While he was driving the auto, a fruit seller came onto the road suddenly and when my brother hit the brakes, due to the wet roads it didn't stop quickly and ended up hitting the fruit seller, he had the time to move but he didn't as he was in shock and he fell and the fruits container that was carrying on his cart fell on his leg and was bleeding. (This incident happend on 18th August) Then my brother took him to the hospital, got the xray and the stuff done and has paid what he had. meanwhile his relatives came while the doctors were dressing his injuries Later the doctor said his bone got fractured and to take him to the Osmania Government Hospital, my brother was still with them and was willing to take him to the Osmania Government Hospital They wanted my brother to take him to his home first, to get some clothes, later when he took him to the his home, a few more people came and they demanded that he must admit in the private hospital that they'll show. Then they took him there and talked to someone, who said it will cost 1.5 lakh but will do in 1.2 lakh and demanded that my brother must pay that and kept the auto with them and sent him home. Next day my mother and my mother in law went to request them, they gave the auto but are demanding 1 lakh. My brother has 2 small kids and this pandemic has already caused lots of problems to him like the finance for the auto, rent, electricity bill, milk for the kids and he can't even run the house and this happend. We were trying really hard to arrange money but there's no one to offer as they're afraid if we can repay or not. My brother wanted to sell his auto, he's paying 9k per month to the finance and has 12 more months to pay, when he tried to sell it, people aren't ready even to buy it for 30k. My brother was able to arrange only 15k and my mother and mother in law went to convince them to admit in government hospital, but they're not agreeing and threating them saying we don't do what we gonna do if you don't give 1.5lakh We don't know what to do, they're muslims, bringing in more and more people and giving threats when my mom and aunt went there and also on calls Please help us, what do we do
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
Don`t sell and let them file FIR. This is minute matter, even if proved guilty, will left by court by merely payign fine. If you have insurance, than they can file motor accident claim, Insurance company will pay.
In everything above, you will not be at lose. Complain to police if next time they come or calls.
No need to bow down to pressure tactics
2) no need to pay Rs 1.20 lakhs .
3) at most they will file case of rash and negligent driving
4) you can apply and obtain bail and contest case on merits
Lodge a complaint with local police station first.
This is nothing but extortion and criminal intimidation, both of which is crime.
For this accident a minor case can nevertheless be filed against him which is much more better option than the one which you are facing with.
- Even if you will pay their demanded amount , then also they may ask you more and more in the garb of that incident , hence just tell them that you cannot arrange so much amount as they want for treatment him in the private hospital .
- If the files a complaint , then police will also firstly try to settle the dispute after going through your brothers conditions.
- Even , they lodge an FIR for rash and negligent driving , then also your brother will get bail from the police or magistrate easily, and thereby can settle the dispute before the court as well.
- Further , if your brothers auto is under insurance , then Insurance company will pay the amount on his behalf.
No worries.
File FIR against them for Criminal charges of Extortion as has been posted by you in the present post.
Police would do the next steps as per law.
Do not pay anything.
Ask them to file case and do whatever they want to do.
It would cost very less than 1lakh to contest the case.
Go to police straight way and lodge complaint of blackmailing , don't afraid, there they will come down.
The best thing to escape the liability is to give a police complaint about the accident.
The police will register the complaint.
The injured shall then look for his treatment and claim insurance compensation for the treatment expenses incurred.
Your brother can flatly refuse to bear any expenses and inform them that he will face them legally through court and police.
The police case will not be very costly or frightening, hence let him go legally instead of getting scared by the increasing demands by the fruit seller's family.
Don't get blackmailed. There is third party insurance which can be used for compensation.
A criminal complaint must be lodged against these people who are threatening you.
They have taken away his auto which is an offence. They should lodge a complaint and demand compensation as decided by the MACT.
Dear Sir,
You must have the insurance of the auto and the insurance company will pay the bill. You are just required to inform the said company and your headache will be over. Also, don't hesitate to submit the police complaint by the mother and aunt who were harassed and threatened by those people.
You are not required to pay any amount to the opposite party. Police will register the complaint only after investigation. Thus, as told by you the accident was a consequence of fault on behalf of both parties..
1. You don't have to worry record their call when they give threats and demand money from you and your mother and mother in law.
2. Then just go to police and lodge FIR against them that fruit seller purposely came in front of the auto and now he and his relatives are threatening and blackmailing your brother for money.
