Dear Sir,

It is suggested that you take all the possible steps of settlement and proving that it the fault of the child, he came from wrong side and though your car is running in normal speed, the accident occurred. The compensation, if any should be given by the insurance company of the car. Try to take the case to the mediation center of the court and arrive at settlement there.   

Hello,

1. This cannot be settled out of court.There will be already an FIR registered against you for the death of the boy in the accident, negligent and rash driving etc.. The main reason for the FIR is to claim compensation from the Motor Accident Claim Tribunal. Hope you have a valid  vehicle insurance.
2. Until the  case is decided in the Motor Accident Claim Tribunal, the criminal case is sure to continue. This is going to take a few years. You don't require to be present in the courts on all dates. Engage a lawyer at the earliest, if you have not done yet.

If your car was insured than let the claim case run and the claim will be on the insurance company. 

For the FIR case, prove in court that the mistake was of boy and you will be free.

If you will settle this out of court than you may have to pay a hefty amount to the boy family 

Where death or permanent disablement of any person has resulted from an accident arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicle shall, or as the case may be, the owners of the vehicles shall jointly and severally be liable to pay compensation in respect of such death or disablement

2) When the car is.
insured, the insurance company takes over the compensation liability.

According to Section 165(1) of the Motor Vehicles Act, 1988 in following circumstances claimant is entitled for compensation

# In case where an accident occurred by use of motor vehicle.
# In case of death or bodily injury (permanent disability) to a person.
# In case where the accident results in the loss of any property of a third part

2)

In the MACT case the driver, owner, and the insurance company are impleaded as parities.

3)  In case the death has occurred due to the fault of the driver the compensation is calculated on the basis of the life expectancy of the deceased multiplied by his income. The income for the purposes of this calculation is 50% of the actual income which deceased used to receive as the rest is deducted as the self expenditure. The state of the health of the deceased and his past health record is also taken into consideration while deciding the compensation.

4) The amended Act gives the victims some respite as it provides for an enhanced insurance compensation of ₹5 lakh in case of death of a person in a traffic accident and ₹2.5 lakh where there is “grievous hurt”. The compensation to be awarded following hit-and-run accidents has also been raised to ₹2 lakh when a victim dies and ₹50,000 when he/she suffers a grievous injury.

- Section 163A of MV Act, deals with special provisions as to payment of compensation on a structured formula basis. It says that the claimant does not need to prove the driver’s rashness, and the vehicle’s owner or authorised insurer has to compensate, and the identity of the accused should be known.

- Hence, after the payment of the compensation ordered by the Court , this case can be compromised with the claimant i.e. family of the deceased. 

- Further , Section 304 A of the Indian Penal Code, deals with offences relating to death due to negligence , and hence Police will lodge an FIR against the driver who hit the deceased. 

- Further as per the Punjab and Haryana high court , A first information report (FIR) registered against a driver for causing death by negligence in a road accident cannot be quashed solely on the basis of a compromise reached with the victim’s family, hence you will have to contest the case .

- However, you can try to settle the matter with the family of the deceased , and to give statement before the court . 

1. The mentioned incident is legally classified as a mere "accident", PROVIDED you were not Drunk /Drugged and also were having proper driving license, valid RC & Insurance.

2. You have to inform the Car insurance co., about the accident who will take care of ALL monetary compensation that may be decided by Court. IF you settle out of Court, THEN it will mean that you were at fault and further you would have to spend your own money.

3. Besides a small penalty etc.... there is no criminal liability or other punishment on you, PROVIDED the insurance co. settles the Claim amount as may be decided by Court.

Since you have received and accepted the notice you will have to appear in the court and file your defense and accordingly be either represented through an attorney or in person.  Once you appear in court through the first date you can inform the court that you are willing to settle the matter. 

Need to check what is mentioned in the police panchnama and what evidence are available with you who were present on the spot.

Plus do you have third party Insurance in fully and from which come you have taken insurance ask to send notice an application to the Insurance company. Get Insurance company involved in this. Those paper also need to check, like all terms and conditions and premium amount paid to insurance company policy validation etc.

Last part the demand from the deceased family. if the amount is under the Insurance policy then ask Insurance company to make settlement otherwise need to talk with all of them.

This is a n accident and claim petition is pending so please if you wants to settle the case , settle it out of the court by contacting family of the deceased through your lawyer who will also appear in the case on first date and file vakalatnama and reply if desired so because settlement will also work as per process.

You should appoint a criminal lawyer who can challenge it , though in such cases you need to pay lumpsum to get out of it. 

If there is a criminal case if not settled will continue after full trial. Otherwise if settled can be compounded between parties and settled early

The term ‘accident’ implies that there is no one to blame, more often than not, accidents are caused by rash and negligent driving and therefore the law requires that the wrongdoer must compensate the victim for the loss suffered. In India, we have separate machinery for dealing with compensation claims involving motor accidents. Separate forums called Motor Accidents Claims Tribunals (MACT) have been set up under Motor Vehicles Act, 1988 to deal with compensation claims involving motor accidents.

The same time you are punishable under Indian penal code. More particularly says that Offences in Relation to Use of Motor Vehicles Which are Punishable under Indian Penal Code.

The vehicle is involved in the accident; the MACT will pass an interim award under the principles of ‘no fault liability’. This means that the amount is payable, not because there was fault on the part of the driver of the vehicle, but because the vehicle was involved in the accident.

So you have to face two case .One is  under IPC  before criminal court and another is under MV Act before Motor accidental tribunal  for claims / compensation .If your vehicle has valid insurance at the time of accident the Insurance company will give the compensation to victim. 

Engage a local lawyer for contest the same in each court .

District court dose not send notice for claim settlement. Compensation is claimed by heirs of deceased by filing motor accident compensation claim in which your insurance company will pay.

And criminal case will decide on merit, no out of court settlement.

MACT case may have filed and you have received summons.

It might be MACT at District Court.

The payment would be settled by insurance policy of the insurance company which has insured your car.

You need to file your written statement before the court for responsibility to pay the settlement amount to the family of boy who died with an accident under your car whether it was your fault or with the fault of boy expired. 

1. Please share the copy of the FIR that has been lodged against you. 

2. Also, if the wrong has been done by the boy also then it will be the case of shared liability and not otherwise. 

Regards 

1. The heirs of deceased can sue you for compensation under MCA.

2. If you had a valid third party insurance as on the date of accident then insurance company will be liable to compensate the claimants, else the liability will fall squarely on your shoulders.

If Charges under S. 304-A IPC then it cannot be quashed on contention that private settlement in exchange for money has taken place.. 

You have to contest the case on merits. 

You have to contest the case on merits. 

The claim settlement is a different case to that of the criminal case under section 304A, IPC pending against you.

The claim settlement will be made by the insurance company, you need not be worried on that aspect if your insurance was in full force as on the date of the accident.

You may have to deal with the criminal case separately. 

You may have to undergo the trail procedures by participating in the criminal case where you stand as accused.

By getting enlarged on bail does not means that you are absolved from the crime.

You may have to fight out the case with the help of your lawyer in the trial proceedings.

You can discuss with your lawyer about the compromise settlement, if any, if not then you may have to challenge the case as per law.

1. You need to hire an advocate to contest case on your behalf and file written statement.

2. You also need to hire a criminal lawyer for your defence in FiR against you. 

3. For out of court settlement you need to approach family member of that boy for negotiations on claim settlement.

1. As per the information mentioned in the present query, makes it clear that despite knowing that the fault was if the boy, who still wishes to settle it out of court may be for a reason that you do not want any tussle in future.
2. I would like to apprise that you have rightly thought of getting it settled out of court, but you need to act more precisely.
3. You would have to execute a settlement deed with the parties and also mention this thing that it was not your fault still paying on the compensate grounds as otherwise you will be termed as an culprit as settlement is always done when the one party is at fault.
4. Then you will have apply for the quashing of the FIR before the Hon’ble High Court under section 482 of the Cr. P. C.

A case must have been filed for compensation in the MACT. Now out of court settlement can be done with the parties. In case they are not interested then you have to prove that he died due to his negligence.

You need money and a mediator who wil settle on your behalf. Otherwise you have to prove that it no fault of yours if he died.