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Old 10th April 2012, 10:40   #10831
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Hello,

Another day, another accident case, this time in Delhi:

A Delhi policeman was killed and another injured after a Mercedes, allegedly been driven at high speed, ran them over at Paschim Vihar in New Delhi at around 2 am.

The two constables, Deepak Singh Chauhan (41) and Amit Kumar (24) were on night patrolling on a motorcycle when they were knocked from behind. Chauhan, father of two, succumbed to injuries by the time help arrived.

Kumar suffered injuries in his leg. He is reported to be critical.
The accused, reportedly a businessman named Gurdeep Singh and a resident of Greater Kailash-1, had fled from the accident site, but was arrested later.

During interrogation, Gurdeep, has reportedly said he fell assleep while he was driving and didn't notice the cops in front of him.
Meanwhile, a case of rash driving has been registered against Gurdeep
Source:
Mercedes runs over Delhi cops, 1 killed - The Times of India

This one is really sad:

Student chrushes (kills) Teacher under his car, for not allowing copying in Exam:

The gruesome murder of a private school teacher in Sonepat who did not allow a student to cheat in the Haryana Open School Examinations at a centre in Lahrada village has evoked widespread condemnation.

The victim, 37-year-old Rakesh Kumar, a Hindi teacher at the Ramjas Public School, Sonepat, was allegedly hit by a car driven by the accused identified as Vikram Singh and Hari Om on Friday evening at the New Grain Market in Sonepat. He sustained head injuries and was rushed to Jaipur Golden Hospital, Delhi, where he subsequently died.

The Sonepat Police on Monday claimed to have arrested 24-year-old Vikram while a search is on for Hari Om who is said to be owner of the car.
Police officials said that preliminary enquiries had established that the accused had approached the teacher several times and requested him to “help'' a student of Class 12 in the exams which he had refused.

They further said that the victim, who had been teaching at the school for the last five years, had not been crushed under the wheels of the car but had sustained head injuries after being hit by the vehicle.
Source:
The Hindu : Today's Paper News : Teacher killed for not allowing student to cheat
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Old 10th April 2012, 10:48   #10832
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Originally Posted by suhaas307 View Post
Hi Rohan.

I don't think you need to worry. The court may rule the case in favour of the Indica guy, but the insurance company will take care of it.

You can either plead guilty and pay the fine, or contest the case. If you do contest the case, make sure you get a good lawyer who specialists in Motor Vehicle Laws.

Now, the problem is you hit him from behind. And generally, the person who hits another person from the back is considered the culprit. But if your attorney is good, he could change your fortunes.

While framing your argument, be sure to mention that the Indica 'popped out' onto the road without giving any sort of indication and without looking for vehicles before getting onto the road. Since this is the highway, it may be ruled in your favour.
Agree. Even if a vehicle is parked (or moving also I think) on the wrong side, the person who hits will be guilty.
In this case, if you couldn't see the person, it depends on convincing the judge.
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Old 10th April 2012, 11:16   #10833
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Originally Posted by speedmiester View Post
No need to worry, they cannot claim compensation from you. Your insurance will take care of it....

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Originally Posted by suhaas307 View Post
Hi Rohan.

I don't think you need to worry. The court may rule the case in favour of the Indica guy, but the insurance company will take care of it.

You can either plead guilty and pay the fine, or contest the case. If you do contest the case, make sure you get a good lawyer who specialists in Motor Vehicle Laws.
Everyone is telling me to plead guilty, to avoid having to go to Ranebennur twice a month for at least a year. I guess I have no choice.

And they also assure me that no entry will be made in my licence.

And as far as I know, the Indica guy has already repaired his car.

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Originally Posted by srishiva View Post
Indian laws are little archaic and dumb.
Exactly. I don't understand why the lawyer cannot argue on my behalf? Am I a criminal to be present at every hearing?

And why involve RTO as well as police to get the car released? It only gives scope for more people to take bribes.

And how can the law not see any difference between a national highway and a village road?

If you are involved in an accident and don't have high political contacts, the rule is simple. The person living closest to the police station wins.

Last edited by rohanjf : 10th April 2012 at 11:21.
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Old 10th April 2012, 11:27   #10834
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Originally Posted by rohanjf View Post
Guys, I need some advice to deal with the court case of an accident I was involved in.

At a point, a bus was stopped in the left lane. As I was crossing the bus, I suddenly spotted an Indica emerging at right angles to the bus (from a village road)). It was trying to take a right turn through a break in the divider. He stopped at right angles to my lane, possibly because of the traffic on the opposite side. I tried my best to swerve left, but ended up hitting Indica's right rear fender. My car took most damage.
Though legally you are not at fault, as others advised you may need a very good lawyer to take your case forward. By law person coming from right has a priority. In this case Indica has no business to cross road, unless he was fully sure he can make it through! But then again we are at mercy of Indian law and its interpretation. He was blind sited to see if anything coming from right. But if you are stating police are siding with him, then obvious that existence of Bus won't be mentioned in FIR, which makes your case more weak.

It might be safe to admit guilt and make him claim from your insurance, which will also take long process for him!
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Old 10th April 2012, 11:55   #10835
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Update: I had to go barefeet in front of the judge and show my face. He asked nothing, but signed a paper. Now the typist will complete the formalities and I have my next round at 3 pm.

The lawyer explained to me that an SC directive urges the courts to proceed with the case hearing, even when the parties plead guilty. This directive came after the insurance companies knocked on SC's door, saying a lot of fake claims are made. However, this not being a major city, the judges see the parties in person before taking a decision to close or continue the case.

I being a city guy, was obviously well dressed :-P

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But if you are stating police are siding with him, then obvious that existence of Bus won't be mentioned in FIR, which makes your case more weak.
You are right. The FIR has no mention of the bus (which had vanished long before cops arrived). FIR does not even mention mention that the Indica joined the NH from a village road. The report is so vague that I, who studied in Kannada medium school till 10th, could not understand most of it.
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Old 10th April 2012, 12:11   #10836
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Quote:
Originally Posted by srishiva View Post
Agree. Even if a vehicle is parked (or moving also I think) on the wrong side, the person who hits will be guilty.
In this case, if you couldn't see the person, it depends on convincing the judge.
+1

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Originally Posted by rohanjf View Post
Everyone is telling me to plead guilty, to avoid having to go to Ranebennur twice a month for at least a year. I guess I have no choice.
I'd advise you to do the same. Time is precious. Why would you want to waste it, travelling to Rannibennur every other month? And sometimes, the hearing may get called-off/postponed, and that's highly frustrating.

Quote:
Originally Posted by rohanjf View Post
I don't understand why the lawyer cannot argue on my behalf? Am I a criminal to be present at every hearing?
Your lawyer will be able to argue on your behalf. You may not need to be present at every hearing. You could get exemptions from court-visits. But some hearings will be mandatory.

Quote:
Originally Posted by rohanjf View Post
And why involve RTO as well as police to get the car released? It only gives scope for more people to take bribes.

And how can the law not see any difference between a national highway and a village road?

If you are involved in an accident and don't have high political contacts, the rule is simple. The person living closest to the police station wins.
Don't lose heart friend. The Indian Judicial System may be in tatters, but there has been tremendous improvement over the last few years. Judges these days don't go only by the facts of the case, but also understand the incident and dissect it so that they get a clear idea of what happened.

Not everyone with a political clout has the upper hand, these days. In fact, it's a sensitive thing to now boast of political pull. Things have changed drastically. Might is not necessarily right, and people are given the benefit of doubt.

Last edited by suhaas307 : 10th April 2012 at 12:13.
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Old 10th April 2012, 12:42   #10837
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A tourist from UK and the driver of her car were seriously injured when a tree fell on the car they were travelling, near Neerkunnam junction near Amabalappuzha in Alappuzha, Kerala. This happened on 8th morning.

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Old 10th April 2012, 12:53   #10838
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Quote:
Originally Posted by rohanjf View Post
Guys, I need some advice to deal with the court case of an accident I was involved in.

In September 2011, I was cruising on NH4 near Ranebennur, and not too much above speed limit (may be 80-90 kmph). At a point, a bus was stopped in the left lane. As I was crossing the bus, I suddenly spotted an Indica emerging at right angles to the bus (from a village road)). It was trying to take a right turn through a break in the divider. He stopped at right angles to my lane, possibly because of the traffic on the opposite side. I tried my best to swerve left, but ended up hitting Indica's right rear fender. My car took most damage.

They demanded compensation, but I proceeded with police case as advised by a local friend with some contacts. So the Indica people also filed a counter case. But the police said it was my fault, since I had crashed. I asked them, whose fault is it when you see some chopping vegetables and put your finger under the knife. No answer. Needless to say, the cops were on Indica's side.

Now my friend gave a call and told me to come tomorrow to sign some papers and pay a fine.

My doubt is, does it mean that I am accepting my guilt? I don't want to do that. Do I have any other option?
Rohan, I wish you a speedy exit from all this mess. This is quite a headache.

As strange as it may seem, they will apply the "person coming from behind should watch and keep distance" rule to this as well. You will be accused of speeding when there was a stationary bus and a car on the road with just enough room for a car to pass.

IMHO, it is not worth losing your sleep and peace of mind fighting for this. Our laws are not that mature to find the difference.
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Old 10th April 2012, 20:28   #10839
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This accident occurred on the Aurangabad- Nagpur road near Talegaon Dasasar on Monday, 9/04/2012, morning at around 8.30 am. The Tata Aria (MH 29 Z 1001) with its six passengers were on their way to Nagpur when this accident happened. Five occupants died on the spot, one has survived but he is seriously injured.
Incidentally, the SUV was moving at a very high speed and was in the process of overtaking another truck,when it had its last encounter with this truck trailer.
The trucks reign our roads and highways and whatever your car or SUV with whatever solid build quality,NCAP star ratings, crumple zones, plus the ABS, EBD and airbags (the Tata Aria has a galaxy of these) and whatever safety features- these get simply dwarfed before the mighty trucks.
Its always safe to keep away from these beasts let loose.
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Old 10th April 2012, 20:33   #10840
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Folks,

I was travelling to Dandeli from Bangalore and took NH4 route via Hubli. I was travelling along with my family and my friends family. We decided to take my Friends Verna upon his insistence, though I was against it due to his tyres being worn out.
We did switch driving every 150kms to avoid either of us being fatigue at the end of the journey.
While we were almost approaching Davanagere which was hardly 8kms, there were many lined up trucks on the left most side of the road.
We were travelling at a constant speed of 100km/hr, when all of a sudden a truck just took us all by surprise by moving to the right lane of the road...the next I hear is screeching sound of the tyres for almost 100mtrs and next thing we banged into the diesel tank of the truck.

Luckily, none was hurt, though for a split second I thought I am knocking at the doorstep of hell/heaven.

Next thing I see the truck just kept moving and he parked to the road side and I went in search of the driver and to my knowledge the one who was driving the truck at that time was a CLEANER.

I literally bashed him so badly, that he was taken off by the locals...requesting me to spare him...
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Old 10th April 2012, 20:48   #10841
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Thankfully no body was seriously hurt. Damage to the car don't seem too major. Did ABS play a part in braking in your case? And did you lodge an FIR?
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Old 10th April 2012, 21:12   #10842
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Thankfully no body was seriously hurt. Damage to the car don't seem too major. Did ABS play a part in braking in your case? And did you lodge an FIR?
There was no ABS in this version of Verna. We just wanted an acknowledgement from Police station as we didn't want to waste time in lodging FIR. If FIR was needed, then we had to ground the car at the station itself.

The truck drivers and their associates wanted to lodge a complaint against us for beating the cleaner.

We did had to make some calls, and tell the cops clearly, if they could provide us with any acknowledgement, so that we could claim insurance. They said we had to pay the fine for negligent driving and the other formalities.

I had to intervene and tell them, no such fines would be paid from our end, and I didn't even need the acknowledgement.

What we did is, after we came back to bangalore, went to our area cop station and registered self accident and proceeded with the insurance formalities...didn't wanted to stall the car unnecessarily.
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Old 10th April 2012, 21:24   #10843
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Originally Posted by kicksperliter
...for a split second I thought I am knocking at the doorstep of hell/heaven.
To begin with, you're indeed knocking at the doorsteps of hell or heaven by doing 100kmph on a car with worn out tires. *frustration*

Quote:
one who was driving the truck at that time was a CLEANER.

I literally bashed him so badly.
Pardon my ignorance, did the 'cleaner' have a valid driving license?

I, for one, fail to understand the purpose behind beating the cleaner! Anyone?

Just my two cents
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Old 10th April 2012, 21:43   #10844
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To begin with, you're indeed knocking at the doorsteps of hell or heaven by doing 100kmph on a car with worn out tires. *frustration*

Yes Sir. I completely agree with you on this. NO EXCUSE at all

Pardon my ignorance, did the 'cleaner' have a valid driving license?

I, for one, fail to understand the purpose behind beating the cleaner! Anyone?

Just my two cents
NO he didn't had a license.

The reason I did beat him, is
1). for of his negligence driving without watching the road and coming without notice (indicators) onto the right most lane of the road.
2). He also didn't hear an continuous honking.
3). Another reason is for not stopping after we met with an accident.

Atleast my beatings might (not sure) make him think twice next time he touches his truck. Possibility of this being registered somewhere back of his mind might trigger him not to do the same again.

Coz going with FIR or cops will not even pinch these guys....just a waste of time.

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To begin with, you're indeed knocking at the doorsteps of hell or heaven by doing 100kmph on a car with worn out tires. *frustration*
Yes Sir, I completely agree with your point. There is no EXCUSE on this front. I knew such decisions are not advisable at all.

Last edited by Eddy : 10th April 2012 at 23:18. Reason: Please use the edit / multiquote option instead of posting back to back posts within 30 mins. Thanks.
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Old 10th April 2012, 22:39   #10845
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Originally Posted by kicksperliter

I literally bashed him so badly, that he was taken off by the locals...requesting me to spare him...
Agreed the accident was the result of carelessness on the part of the truck driver. But you also mention that your car's tires were worn. Road rage got the better of you when you thrashed him. What if the cleaner ended up with serious injuries resulting in disabilites or in the worst case scenario , death?

Accidents happen and we should thank our stars when at the end of it only machinery is damaged. By physically assaulting him you are as guilty of breaking the law as the cleaner for driving without license imo.
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