Section 337, 279 Traffic incident MVA act 158/6
The case is against my father, He is working for central government. One day while driving to office, near seelampur chowk his car accidentally scraped a woman who was trying to cross the road. That event escalated and the surrounding public turned violent. My father himself called the police and an FIR was registered. The lady was taken to the hospital. MLC says simple injury, no blood, no swelling, no scratch, to her left foot.
So two cases are running currently at delhi karkardooma court. The insurance company offerred maximum of 5000 Rs and if theres more medical bills have to be submitted, This is going to be simple and the next hearing is somewhere in May.
Second is criminal court, with these sections, (337, 279). Now my questions are. 1. Do we have to hire a lawyer to represent. 2. What is the gravity of this situation. 3. Under those sections it says fine of one thousand rupees or imprisonment of six months. 4. What shall my father say to judge, may be yes it was accident i have committed i am ready to compromise (are these words okay).
Asked in Criminal Law from Portugal
1. The Insurance Company has arrived at the said figure after accessing the injury and the expected future expenditure for its treatment,
2. I do not advice for admitting to any charge leveled falsely or incorrectly and advise to contest it and come out clean,
3. Since there is a provision of imprisonment, it will be prudent on your part to engage a local lawyer having expertise in this field.
1. Lawyers are engaged and not hired. Be that as it may, it is a criminal case, so engage a lawyer for your defence. The maximum imprisonment is 6 years. If your father is held guilty by the court of the charge then he will be liable to be terminated from the govt service. Take this seriously.
2. Engage a lawyer and he will chalk out your father's defence.
1) the lady did not suffer any serious injury .
2) you dont need a lawyer to represent
3) plead guilty and court will impose fine and dispose of the matter
4) if your father contests the case it may take years for case to be disposed of
Appear before the court and approach for lok Adalat or mediation and settled the matter with her amicably it will be better. once the matter will settled then the court may imposed Rs. 1000/- as fine and closed the case.
if you think that you or your father is capable to fight the case then there is no need for any advocate.
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Advocate, New Delhi
you should amicably settle this issue before lok adalat. first you talk withe opposite party for fair compensation then you should file pre litigation before permanent lok adalat on the terms fixed by you. No need to hire advocate. lok adalat will pass an award which shall effect of decree. that award is final and no appeal shall lie.
1. Do we have to hire a lawyer to represent
If your father has decided to contest the case, he may hire a lawyer or he may admit the offence and get released by paying fine amount.
2. What is the gravity of this situation.
Nothing very serious.
3. Under those sections it says fine of one thousand rupees or imprisonment of six months.
Since the injuries are minor in nature, the court may impose fine amount alone.
4. What shall my father say to judge, may be yes it was accident i have committed i am ready to compromise
There is no question of compromise, he can admit the offence and pay fine amount alone by requesting the court to be lenient enough to impose fine alone.
This is a minor offence in nature hence the court will not be very strict in convicting him, the court may let him off considering his age with fine amount alone.