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Old 29th January 2014, 12:15   #1
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Default Post Accident - Police, Person and Law

Dear Colleagues
Accidents happen in India and this Thread is to educate Novices like me to what happens next.

Felt this was critical as most of us are not used to Victim's Relatives + Police + Law each demanding money and where we stand legally

INCIDENT - was taking my daughter to doctor for vaccination along with Wife. Being a Resident near Saki Naka at Mumbai we are used to traffic and driving 5 to 8 kms in 1st and 2nd gear with occasional 3rd.

We were chugging along in 1st gear with heavy traffic when 2 Government Employees ( in uniform ) one decided push the other on the Road ( possible result of a banter as both were colleagues )

The Gentleman came bang in front of my car and i swerved slightly to avoid ( was in heavy traffic with cars and bikes all around us )

The front tire went over his foot and it got fractured.

NEXT - immediately asked wife to sit in rear along with daughter and made him sit in the front passenger seat. Asked him their Protocol and was told that he has to be admitted to Govt. Hospital.

So went to Cooper Hospital at Vile Parle West, called his relatives and his office colleagues.

Meanwhile paid for the immediate medical activities and took him to X-ray. Doctor prescribed some medicines + plaster material and got them from medical shop paying Rs 900

Once his relatives were there gave them my cell no. and left.

POLICE STATION - Got a call from Police informing I have to come to Police Station immediately. Was in office so informed, will come in evening. The guy was crazy rude. Told that he will go to my house and bring wife and mom to police station and i can then come in evening. GOT SHIT SCARED as the victim was a policeman (oops )

Spoke to friends and relatives - 1 question how can you hit a policeman ??? They all edged away

So took help from UNCLE GOOGLE -
a) found that there is a facility of Table Bail and the amount is approx Rs. 800 to Rs 900.
b) found that this was a bailable offense
c) a friend will be required for surety ( documents - Salary Slip, Electricity Bill and Identity Proof of Friend )

Went to Police Station where they started Blasting me citing various IPC Nos.

Told them that this is a Bailable Offense and Table Bail is permitted as per law - My friend is here with documents so lets complete formalities.

They were shocked

Finally

a) Paid Rs 5000 for bail
b) Handed copy documents of car ( they were asking for Original - told them its with bank )
c) Parked car in their compound and left
d) Off course gave statement of what happened ( they cared least for it)

15 days of follow-up and i get my car back - Paid Rs. 200 for constable at the time of taking it

VICTIM -
started getting calls from victim's family so met them at a Hotel. 8 people came to meet ( would like to thank my friend who ensured that there were 5 more friends with us during the meet )

They asked me what is next step and I told them that due to stupidity of their Relative's friend ( who had pushed him ) I have ended up paying approx. Rs. 6800 ( 5000 + 200 to cops plus balance at hospital ) and i wanted money back

They were - they said they wanted Rs 2 lacs for damage to their Relative and threatened me

Now through out life I have been a law abiding citizen and far far away from such indecent and aggressive behavior ( last fought was 31 years back as 6 year old kid )

Seeing situation my friends took out their camera and started recording. This stopped them and they went away threatening me and family ( GOD was I nervous - I mean what did i do ? )

NEXT - 2 years of peace, bliss and forgot the whole incident

COURT -
Suddenly I get a call from Police Constable that charge sheet is ready and I have to be at Court.

I asked Anadi Court ?

The constable NAHIN RE BABA CRIMINAL COURT

Felt like Pissing

OFF TOPIC BUT IMPORTANT ( for a guy whose lost his guts ) - went home and my daughter was watching Animation Movie Arjun and there was a scene playing.

Arjun is still young - standing there with Lord Krishna and with DACOITS coming to fight.

Arjun is afraid like me and he asks Lord Krishna how is Lord so relaxed and Lord Replied " what will happen in future no one knows - so why fear something which no one knows - focus on present course of action " they fought and won - ok ok

Now this statement stayed with me and i slept thinking about it

JUDGEMENT DAY - got up feeling cheerful ( what ??? )

Went and met the constable - he asked Lawyer hai kya - I laughed ( now this is truth ) - " for such small case if i ask my lawyer to represent me he will laugh" you recommend a lawyer to me

The constable introduced a lawyer -
Lawyer " Kya Karna hai "
Me - " Ladna hai" date kab ayaygi
Lawyer - 4 to 5 years baad - why don't you settle this once and for all

Paid Lawyer Rs. 9000 -
went to the courtroom
someone called my name
Went and stood in the square box - judge asked guilty and I said YES
Judge - fine of Rs. 2500
CASE CLOSED

This is real story folks and for those gentle giants like me ( i am 6 feet 1 inch weighting a ton ) ALL IS WELL

Trust this will give you courage and guide you in similar situations

Regards
Deepak Srivastava

Last edited by GTO : 30th January 2014 at 19:35. Reason: No inappropriate language please, not even indirectly. Thanks
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Old 29th January 2014, 13:07   #2
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Default Re: Post Accident - Police, Person and Law

This is something that's at the back of my head almost every time I sit behind the wheel of my car, driving in the chaotic Hyderabad traffic. Thanks for sharing. Glad for you that you came out relatively unscathed from this ordeal, apart from the monetary loss and a few anxious days.
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Old 29th January 2014, 13:28   #3
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Default Re: Post Accident - Police, Person and Law

Very well handled , Deepak. Knowing the legal provisions helps one a lot, given the complete legal mess in this country.

Otherwise, cops will just take advantage of you and ask for money. Given the number of road cases , the less serious ones are always fined by the courts.

Criminal intimidation is an offence under section 503 of the IPC, so the next time anyone threatens your family, just remind them that.

Just wondering, couldn't you have handled the case yourself without a lawyer and saved 9K ? Was it section 279 you were charged with ? I still think that you could have pleaded 'not guilty' , it wasn't your fault after all, although the case would've dragged on.

I think this thread should be moved to the section on street experiences.

Last edited by sdp1975 : 29th January 2014 at 13:39.
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Old 29th January 2014, 13:54   #4
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Default Re: Post Accident - Police, Person and Law

HI SDP1975
One of the section was 338 because the ball of the foot was fractured.

I have so far had Zero experience with Law or Court or Police or Fighting and have been living a peaceful life as a law abiding citizen

Noted IPC 503 - but one visit to the police station and you will stop believing in Democracy and law obedience. Its like you have entered into a Broker Room where every one from constable to the PI are looking to make money

No one cares a damn about what is the truth - to them truth is a joke.

The only intention of this post is for fellow TB to

a) take heart from this experience
b) know the worst case scenario
c) understand the legalities and what happens
d) relax as this is not the end of the world ( at one time this was my state )

I have no contact in Police or Lawyer and approaching friends and relatives is kind of embarrassing but our wonderful Police Department ensures that this becomes a necessity in future.

rgds Deepak
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Old 29th January 2014, 14:36   #5
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Default Re: Post Accident - Police, Person and Law

I actually wanted to know what could be negative repercussions on you if such a case drags on against you?

My father was killed in a road accident by a truck in 2010 (who jumped red light during wee morning hours). The police case is still not closed. The truck driver is not under any kind of arrest. In fact he doesn't even turn up at court when summoned. In case of accident nothing can be pressed against the driver unless he was drunk/intoxicated/without license/without registration etc.
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Old 29th January 2014, 14:48   #6
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Default Re: Post Accident - Police, Person and Law

Alpha1
My condolence and I can feel your loss and pain ( my father expired when I was 8 yrs )

My understanding is as below :-

a) this is a bailable offence
b) it has to be proved in court that the driver was rash and negligent which is an uphill task in India considering the time taken by Court plus Witness
c) If it is established that the cause was not negligence then maximum amount of penalty is Rs 50,000

Sorry but that how it is.

rgds Deepak
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Old 29th January 2014, 14:51   #7
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Default Re: Post Accident - Police, Person and Law

Thanks Deepak for sharing the experience. Quite an eye-opener indeed.
Feel bad that you had to go through this, but glad that it ended well for you.

Couple of queries:
Is the bail amount refunded later?
Does one must get a lawyer to defend oneself? In reality, is it possible not to hire a lawyer ...if you intend to plead guilty?
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Old 29th January 2014, 15:25   #8
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Default Re: Post Accident - Police, Person and Law

Hi SDP
a) Table Bail is approx. Rs 800 to Rs 900 to be paid to cops at Police Station.

You end up paying much more and the pleasure to be out of the Police Station is much more than Rs 800 to Rs 900

b) When I was in Court my understanding was that there is a Surety Required for approx. Rs. 6,000 to 10,000. This is if you approach a Court with your Lawyer instead of the Police Station

The Judge had clearly mentioned that I was to be fined Rs. 2500 and the Surety amount to be refunded after fine deduction. So you can get your money back

c) Courts cannot function without Lawyers. You have to hire them no option. But police constables have their own setting and can introduce lawyers handling only these cases day in and day out. Coming out is a breeze and even they are hell bend on closing the case rather then fighting for you.

d) For pleading guilty paper work is required to be filed in Court and this can be done only by lawyers and not yourself.

rgds
Deepak
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Old 29th January 2014, 15:33   #9
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Default Re: Post Accident - Police, Person and Law

Hi Deepak,

Sorry to hear this, but trust me this is a universal truth across the country. Your innocence put you into this problem, but at the same time your presence of mind and fearlessness took you out of this mess.

When I say innocence, I mean your helping the guy and taking him to the hospital without creating a scene on debating who is at fault and so on. While presence of mind means handling situation the way you met the relatives of that guy and handled police and court matters. I am sure that out of court settlement would have been on an expensive side. Mostly people settle for out of court talks because they are ignorant about the laws.

Quote:
Paid Lawyer Rs. 9000,Judge - fine of Rs. 2500
On a lighter note, this is a classic case these days, You visit a doctor, Pay him Rs.500 as consultation for normal cough and cold and the guy prescribes you a drug that costs less than Rs.100.

Anyway Thanks, Learnt a lesson from your post.
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Old 29th January 2014, 15:55   #10
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Default Re: Post Accident - Police, Person and Law

Thanks for sharing the experience. It is a sad situation, with the law enforcers becoming law manipulators. I hate dealing with police station and hospital.
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Old 29th January 2014, 16:01   #11
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Default Re: Post Accident - Police, Person and Law

That is a great share Deepak.

Some years back, me and my friend collided with an off duty policeman's bike, just outside the police station. It was a 2 lane road, with no median. We were going along straight (30-40 kmph), and the police guy coming on the other side (without helmet, talking on mobile), suddenly took a right turn to enter the station, and we couldn't stop in time.
Nobody was hurt, or injured. Worst of was me I guess being the sole pillion, with a scratched palm and a little shaken.
Initial response:
Me: You okay? (I did not know he was a policeman, this was genuine humanity and common sense)
He: @@$$@$$ Tons of abuse. You guys know nothing. See what I do now.

Since this was outside the station only, a couple of cops were already there. They helped us move our respective bikes to the sides.

He: You don't know how to drive. blah blah

Me: You were talking on mobile. Where's your helmet? (In hindsight, I guess this accusation sort of heightened his anger)

He: I am on duty. You'll teach me.

(Then we were told he was a policewala)

He told a constable to confiscate our papers and bike.

We got a little scared then, decided to call home.

But, one of the inspector at the station was a sensible guy. He calmed the other guy, then asked us some details. And to be honest, it was pretty obvious we were the victims here. Couple of the rickshaw guys and a near by vegetable vendor as well were backing us, though in hushed tones. And I think the involved policeman probably had a reputation.

Anyhow, friend's dad showed up. We had to pay 100-200 to the nearby mechanic to get the policewala's bike's broken stand fixed and a few hundred exchanged hands between uncle and him. Issue resolved.

An unnecessary incident, although easily sorted. But gave us 19 year olds a bitter reality pill.
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Old 29th January 2014, 16:30   #12
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Default Re: Post Accident - Police, Person and Law

Congratulations to you for getting out of it!

From my experiences, I can add a few details. In case of accident first aid should be given, nothing else. Remember, the more you get suppressed, the more you will be! Be polite but strong, and light headed. Never hit and run, it goes against you. Call an Ambulance, don't take him yourself if not required or in grave circumstances. Keep away from mobs, that's dangerous.


Case 1 -
Chandigarh. Just reversed my car from parking in parking lot. As I slotted 1 gear, saw a bike speeding towards me, I stop there itself. He applies brakes and slips and bangs in front of my swift, damaging bumper and radiator, coolant leaks. I get out, pick him up and ask if I could help (wrong choice). he calls his friend, who comes in after 40 mins, by then the gathered people had left. I had no person who had seen this. His friend tells me, the bigger vehicle is always at fault, I protest. He calls police, I call some known who also calls police. Now two police teams are fighting over jurisdiction!
Finally pay 1500 to him and 1000 bribe, settlement recorded in police register but didn't take copy. after 5 months get a notice from Court in Chandigarh, where the person is asking for compensation of 6 lacs!!!! Appoint a lawyer, fees decided at 12000, so that I don't have to go again and again to chandigarh. In all likelihood he will get the money in tune of 2 lacs.

moral - First of all, in any accident do not agree to pay the injured till you get a settlement in front of police. Take a copy of the settlement along with policemen's id. An accident is an accident, not what you wanted to do, Hence is bailable and 99% of times, its the headache of your car insurance company. They will pay, you don't have to. The policeman has the right to impound the vehicles involved, nothing else. All you have to do is represent yourself through a lawyer and make sure you are not proven guilty.
And as the law here is, taking a date is easy, not right but easy!

Case 2 - Policeman asks me to pull over in Jaipur(hometown). tells me I was talking over phone, while I wasn't. asks me to show call record, sees my last call 5 minutes back. tells me he will challan as its already been 5 minutes! I call a friend who is a lawyer, he tells me to ask him to submit the challan in court the next day! I do so and move ahead, nothing happened.

Case 3- on a trip to Gir, Gujrat, I get pulled over by a policeman in Gandhinagar. He asks for my license, I roll up the window and show him.
Policeman: License
Me: What did I do?
After repeating this for some time
Policeman: Overspeeding.
Me: What was my speed?
Policeman: Speed limit is 50.
Me: what was mine? (was 50kmph)
Policeman: why are you arguing?
Me: Give me a ticket for speeding!
Policeman: Cant do that.
Me: You pulled me over for that.
Policeman: Will give a ticket for no yellow strip on headlight.
Me: Present it in court tomorrow morning! and I leave. nothing happened.

Moral - Even if he stops you for anything while you were driving, you have the liberty to not pay fine(challan) and ask him to present it in court. For which he will also have to appear in the court. But do this only when you know you are right, else save yourself the hassel. He can only fine for what he saw, not what he assumed, so a call record of 5 minutes back doesn't prove anything! He might impound the vehicle if the offense is serious.

Case 4- wifey goes grocery shopping nearby. While reversing from kerb side parking, a guy hits her while trying to overtake a bus. damages our rear bumper. Gets down misbehaves, yells and asks her to pay. Crowd gathers, tells him to shut up, but he asks her to call someone from home. She denies, knowing if I come, I will manhandle this guy as he is yelling at my wife(I cant take it, probably no one can).
She comes home tells me, I fume, but since she is ok, we enjoy dinner. At around 9 I get call from police station.
Policeman: Mr. Mudgal you will have to come to police station.
Me: Why?
Police: Your wife had hit a car and fled the scene!
Me: Are you sure? whose name is the car registered? who was driving?
Police: Yes, very much sure. Your wife was driving, and car is in her name.
Me: What time is it? and my car was hit from back, she banged driving backwards and then ran?
Police: let me confirm. Its 10 past 9
Me: Can you call a lady at this time? or should I ask someone to call and tell you.
Police: (understanding that I know the law)Sorry Sir, Come in morning.
Me: Thank you, good night.

Morning I go to Police Station, without listening I ask him to write an FIR from my side involving hit to my wife's car, misbehaviour with a lady in front of many(I had witnesses). The guy starts shouting, I simply turn to the policeman and ask him to file the report. The policeman takes him outside, convinces him to come and say sorry, and close the matter.


The Basic is we have to be strong, else policeman abuse our innocence. Know your rights and if possible the law. Its always good to have a friend or relative by your side to counsel.
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Old 29th January 2014, 16:35   #13
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Default Re: Post Accident - Police, Person and Law

Quote:
Originally Posted by dipak1406 View Post
Dear Colleagues
Accidents happen in India and this Thread is to educate Novices like me to what happens next.
Interesting incident. touched by your beliefs and your thought process - your good simple nature shines through! Stay that way!

However,

My key takeaway is that while the system may be good (I think chennai is definitely less greasy than Delhi, by an overwhelming margin in most cases), we should invest in a DVR without delay. The cost of not having a DVR is far too much IMHO.
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Old 29th January 2014, 17:46   #14
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Originally Posted by dipak1406 View Post
.......I have no contact in Police or Lawyer and approaching friends and relatives is kind of embarrassing but our wonderful Police Department ensures that this becomes a necessity in future. rgds Deepak
Aaah, what fun.
A friend of mine had gone to the airport at midnight to pick up somebody whom he dropped off at Churgate. At about 2.00AM he was moving along marine drive and came to one of those "Naka Bandhi's". He was stopped and smeeled at. Negative no aroma of Honey water. Then he was told to pay Rs 2000/- for over speeding. The question was how was that determined, as it is there ia a fence in the middle of the road, overspeeding was not possible. A senior inspector was called and the argument went on. He asked and took the licence. My friend asked him his name, he did not give. So he took a photo, the guy got annoyed, but was told that if he can't give his name, surely a photo ca ne taken. So he left paying no money but without his licence.
Next day he went to the Chowki at Marine Drive. Some still more senior inspector was there. He told his story and called the inspector involved as he was on leave that day. A discussion was held. The senior inspector gave back the licence, no fine was levied and tried to explain that this inspector made a mistake, he was on training.
The whole episode was a stupid waste of time, the guy wanted to make some dosh, my friend ended up wasting an afternoon and paying for taxi rides.

It is not always easy to get your way through, but remaining meek does not help either. Better to be firm and polite.

Experiences with police and courts are a must for your complete education, you may go to school, college, institute and even do a PHD, but without police and court experience ones education is certainly not complete. This ofcourse applied without question to criminals, but also to the humble law abiding citizen. What one learns is how to react and tackle such situations.

Cheers harit
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Old 29th January 2014, 19:07   #15
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I also went through a similar incident as OP's in Aroor police station limits, Kerala. A biker, with his wife and kid took a sudden U turn from the other path in the four lane NH and came before my Swift. It was a minor accident as there was no direct impact and only my Swifts RH front fender was damaged and as they were not wearing helmet, there were scars in their head. I took them to Medical trust hospital and doctor confirmed minor injury and kept the lady in observation for 3 days in ICU and discharged. I paid for the first aid and Xrays.

Legal department of my company advised against going for any out of court settlement and asked to register a case. I took the car to Aroor police station. Though the accident happened due to the biker's wrong move, the police charged case against me (Rash driving, causing injury to others) as they were injured. When i objected, SHO asked me for any proof to prove that the accident happened due to wrong move by the biker for which I told NO. I submitted copy of all docs and they verified originals. They informed RTO and JRTO certified that vehicle was road worthy. I produced two friends and they gave me table bail. I didn't pay any money in PS to get bail. Next day vehicle was released.

After about six months, call came from PS to appear in court. Appeared directly in court. Judge asked "Have you committed the crime?" I said "Yes". Got fined Rs1800.00.

I had the option to say "No" and continue with case. But that involves lawyers and many court appearances and nuisance. I preferred the less headache option.

Matter closed for ever for me after the fine was paid.

The other party went to accident claim tribunal later, for which the insurance company will deal.

Total loss to wallet= money spent for bikers family's first aid and xrays + Chai cash for JRTO+ fine paid at court.

Last edited by ontheroad : 29th January 2014 at 19:18.
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