You are amenable to prosecution if the accident took place due to your negligence. It is clear that victim intends to extract money from you on the basis of this accident, whereas it cannot in law be a source of unjust enrichment. If they have not agreed to a compromise then contest his case in the court by appointing your lawyer so that you can prove your innocence. Do not run after them for a compromise as this will not only pamper them, but in the process you may lose some vital legal defences in the court. Engage a lawyer and contest the case diligently.
Case under section 337, 338 279
Sir My car met with an accident and hit one from my back tyre and got fractured in his both legs and same time I took him to near govt hospital there he felt that doctor taking too much time in treatment and after first aid I took him to private hospital there they said we will not go for FIR and all only u have to bear all expenses of this treatment and condition was ok and for this purpose I submitted cheque of rs 50000 for treatment there but after two days when that person going to discharge they demanded rs. 5 lacs and said otherwise we going to lodge FIR same tym I stop my cheque for payment and they were not ready to compromise without 5lacs rupee ... And after they paid entire treatment expense and filed case against me and now they said first we want to settle claim case then criminal case and now they are not going to compromise at all.. And place where accident took place that place is situated exactly after L shape turn where my car speed was only 15 or 20 kmph Now m totally upset and helpless ... What should I do pls guide me ....
Asked 10 years ago in Criminal Law
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8 Answers
Hi
Asked 10 years ago
Sir thanks actually they said we will compromise only after the claim case will settle and for compromising in second i.e accident case we want some compensation amy from you but only after claim case wil settle .. Sir I want to just know what would be the worst verdict aginst me if I unable to prove my innocence point.. And m govt servent, is there any impact on my job if I was punished ... Sir what to do ??
Asked 10 years ago
If you are convicted by court then you may be sentenced to imprisonment for 2 years. Since you are a govt servant you will be dismissed from service if you are held guilty.
As I already advised you, contest the case diligently by appointing your lawyer.
They have resorted to unethical way of extorting money from you on ground of negligent driving. Just remain composed and face the trial in court with appropriate defence will serve the purpose.
try to settle it amicably other wise you will have to go through entire criminal proceedings and fight it .
as discussed on phone u fight criminal case on marrits
Thank u sir giving ur valuable suggestion sir just I want to know what are the main aspects in this case where I can make my case strong ...
Asked 10 years ago
Have you not engaged a lawyer for your criminal defence? If no, then engage a lawyer forthwith. He alone can chalk out your defence.
I think you are not taking services of an advocate,hire a good advocate and he will guide you properly,if you want you can contact Mr Ashish Davessar who is practising from chandigarh and he is an excellent advocate.