1) you can engage lawyer to attend hearing on said date
2) however on account of lock down courts are not functional and case would be adjourned
Scooter accident
Hi All, i have met with a scooter accident and an FIR against me was filed under IPC 1860 (U/s-279,337).I have a comprehensive insurance policy for my scooter.And recently received a claim notice U/s.166 of MV act. asking me or my representative to attend the proceeding on a particular date. Is it required for me to attend the proceedings ? When i checked with the Police, they informed me that it's a normal procedure and not required for me attend it and said the chargesheet hasn't been filed yet. once it is filed then police will call me. only then i have to visit the court and pay fine . Is this the correct way ? Thanks
Asked 3 years ago in Civil Law
18 Answers
Yes, once charge sheet is filed by police then he will inform you to intend further court proceedings and pay fine.
secondly depends upon how serious the accident is met.
Section 166(1) in The Motor Vehicles Act, 1988
(1) An application for compensation arising out of an accident of the nature specified in sub-section (1) of section 165 may be made—
(a) by the person who has sustained the injury; or
(b) by the owner of the property; or
(c) where death has resulted from the accident, by all or any of the legal representatives of the deceased; or
(d) by any agent duly authorised by the person injured or all or any of the legal representatives of the deceased, as the case may be: Provided that where all the legal representatives of the deceased have not joined in any such application for compensation, the application shall be made on behalf of or for the benefit of all the legal representatives of the deceased and the legal representatives who have not so joined, shall be impleaded as respondents to the application.
Yes
There will be two cases...
One claim case. Final decision will be that insurance company will pay all the compensation.
Another will be FIR case where you will have to take bail and would be set free.
You have insurance cover. Insurance company advocate will be suffice. Still you are advisable to attend the court date.
This compensation claim case independent of FIR case.
Dear Sir,
You must understand that criminal case and motor vehicles compensation case are different. And the result of each other has no consequence on each other. You can come out of criminal case by paying a maximum fine of Rs. 1000/- for 279 and Rs.500/- for 337 of IPC
But in motor vehicles compensation case many a times the Insurance Company’s liability will be dissolved/discharges on technical grounds like if your vehicle has no pollution test ceriticate etc….Better engage one lawyer and participate in these proceedings though you are a formal party but if insurance company takes any such contention takes which discharges its liability then you will be held liable. More so police may alter the charge to 338 (grivious injury) also at the time of filing charge sheet. Take wise decision.
Hello,
- There are two different cases once you are involved in a motor vehicle accident. One is the criminal case where the the FIR has been registered by the police for which trial will take place. The other one is a case filed by the victim of the accident before the Motor Vehicle Accident Claim Tribunal seeking compensation. The police is talking about the criminal case.
- You have to appear before the Claim Tribunal.You can engage a lawyer. As long as you had a valid insurance at the time of the accident, the insurance company will pay the liability.
Sir
You have to appear in the court when you receive a formal summon from the court.
Yess the procedure is correct.
- Yes, your appearance is mandatory before the court in the claim case , where the insurance company official will be also present.
- Court will grant the victim some compensation amount for the loss due to accident , which you have to pay or by your insurance company .
- The police official is taking about the FIR , which is different from the claim case , where you have to appear after filing of the charge sheet and not before .
If you are accused then you need to attend the proceedings
Since you have received a summon from court, you may either appear in person or through your lawyer.
This case is filed for claiming insurance compensation by the affected party, hence you don't have to be worried about it if your insurance was in force at the time of accident.
However, the police case is different, it is a criminal case.
You cannot avoid appearing before court for the criminal case once the police files charge sheet before trial court.
Hello!
Please note that there are two independent cases. First one being the criminal case for offence u/s 279 and 337. You can appear before the court personally whenever you are called and pay the fine.
In the second case under MV Act, it is advisable that you engage the services of an advocate to represent you. Though you have an insurance, the lawyer representing the insurance company might try to take a defence to evade its liability. In case you fail to appear in spite of summons, and the insurance company succeeds in their defence, the court may end up directing you to pay the compensation.
Hope this answer helps.
Best wishes.
No.It is not correct advice and procedures as explained to you.
279 ,337 of I P C 1860 is a Criminal case against you before Magistrate Court under Cr. P . C 1973 .
Claim notice u/s 166 of Motor Vehicles Act is a Civil proceedings before M A C T for interim order for victims of accident. You may appoint lawyer and authorize him to represent you before M A C T for your written statement.
After filing of charge sheet in Criminal charges against you before Criminal Court must be contested for acquittal from criminal charges against you. If you pay fine and plead guilty then you would be convicted under section 279 and 337 of I P C 1860. Advised not to plead guilty.
Yea you have to attend the proceedings. You shouldn't find ways or opinions which matches with what you think. My advice is to go there.
Police is mis-guiding you so please attend the court on the date fixed through lawyer if you want not to engage any lawyer go to the office of the court and talk to the concern ahlmad to get your matter compounded.
You have to attend before court, if you received summon.
yes once charge sheet file they summon you to attend hearing.
Dear Sir/Madam,
It is suggested that you must attend the proceedings and engage one advocate to defend you strongly.
1. Yes you need to appear before court personally or through your advocate.
2. The FIR case is different than MV claim and if you doesn't appear before court then court can proceed Ex-parte against you.
3. In FIR case you can appear on date of filing of chargesheet and that will be a criminal case against you.
Appoint w lwyer he will do the needful .
