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Old 27th January 2016, 13:59   #61
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Default Re: Car accident involving pedestrian in Kozhikode, KL. Need advice

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Originally Posted by s_pphilip View Post
Its good I put this dilemma here as I got different scenarios to ponder on, I will tell my advocate that the general advice I received is to fight this case, if necessary I shall run this thread by him.
You have the best possible support available for this case since your lawyer is your family friend. That is a huge advantage. Admission of guilt opens a lot of scope by opposite party to file cases which itself will cause more tangles to them. But since they are "victims" in eyes of the law, resources at your end will take the brunt.

I leave the final decision to you and your advocate since he might have a strategy that might be beneficial to your case in that specific court room and presiding judge. Lok Adalat can give you much needed time for negotiation.

Best of luck and keep us updated.
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Old 1st March 2017, 23:15   #62
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Default Re: Car accident involving pedestrian in Kozhikode, KL. Need advice

Update: I got a call on 15th Feb from Kozhikode police station, some one named Manoj who called me stating that I have a hearing on 6th March and the attempt is to close the case after paying fine. This is first communication I received after more than a year.

My sister made some inquiries on my behalf but the feedback she shared is different, she apparently spoke to someone who in turn spoke to someone at the local police station who said since this is a hit and run case they are calling both parties to decide the compensation. In the first place I don't know how this turned into a hit and run case, when I took the boy to the hospital and the father arrived much later. Its amusing, legal progression in India.

If this has turned into a hit and run case, I'll just fight it and wouldn't really mind even if it drags for 10 years, this is a learning curve and I shall grasp as much as I can learn from all this which will make me stronger.

For the compensation let them involve my insurance, I had comprehensive insurance.
I checked with my advocate and he said be wary of the police, so now I can't trust anyone, everyone seems to be hand in glove, only respite is I have faith in the judicial system.
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Old 2nd March 2017, 12:59   #63
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Default Re: Car accident involving pedestrian in Kozhikode, KL. Need advice

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Originally Posted by s_pphilip View Post
Update: I got a call on 15th Feb from Kozhikode police station, some one named Manoj who called me stating that I have a hearing on 6th March and the attempt is to close the case after paying fine. This is first communication I received after more than a year.

My sister made some inquiries on my behalf but the feedback she shared is different, she apparently spoke to someone who in turn spoke to someone at the local police station who said since this is a hit and run case they are calling both parties to decide the compensation. In the first place I don't know how this turned into a hit and run case, when I took the boy to the hospital and the father arrived much later. Its amusing, legal progression in India.

If this has turned into a hit and run case, I'll just fight it and wouldn't really mind even if it drags for 10 years, this is a learning curve and I shall grasp as much as I can learn from all this which will make me stronger.

For the compensation let them involve my insurance, I had comprehensive insurance.
I checked with my advocate and he said be wary of the police, so now I can't trust anyone, everyone seems to be hand in glove, only respite is I have faith in the judicial system.
Honestly speaking, this looks like classic example of cases involving dowry, domestic violence where 99.9999% are fake and ego filled cases.

There too husband and wife will be separated for years until they tend to realize the mistake they made by going to Police and Law with their personal problem and tend to settle it out of court since the biological clock is ticking.

Same has happened in your case. Police cannot ask you to come to negotiation inside Police station without the direct order of court (even then all arbitrations and negotiations will be redirected to Lok Adalat or suitable negotiators [Court Appointed]).

Ask them to come to court and let them tell before the judge that they are willing for a out of court settlement (Full and Final) either through Lok Adalat or Counsellors. This should solve 90% of your problem.

Ask your lawyer to push the case to Lok Adalat since it will stay there and rot until a final settlement is reached between parties. It is basically a fish market.

DO NOT GO TO POLICE STATION ALONE. Ask your lawyer to attend the meeting and state that you are out of station and cannot attend this meeting. Drama will ensue as soon as Police and Victims see you in Police station and I am assuming this is first time in your life, so beware of this classical tactic used by scums. They may even detain you unlawfully stating you were trying to abscond or influence victim.

Do not read all these thinking I am trying to scare you, but I have experienced all these nuisance first hand and know what these guys are trying to play with you.

ALL MEETINGS AND NEGOTIATIONS ONLY IN COURT AND BEFORE THE COURT APPOINTED NEGOTIATORS OR LOK ADALAT.

Not sure if your location has Fast Track Lok Adalat. Hyderabad has this Court mela and circus every year to clear all petty and traffic related cases.

Strange are the ways of Democracy and Lawmakers of this nation.
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Old 8th May 2017, 11:22   #64
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Default Re: Car accident involving pedestrian in Kozhikode, KL. Need advice

I remembered your thread when I was reading this news. Hope you can draw some legal points in your defense.

http://timesofindia.indiatimes.com/c...w/58567724.cms
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