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Old 2nd August 2008, 02:57   #91
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Hi Hellstar... Being experienced in similar situation, all I can say is hold tight and everything will be fine.

If you have an influential contact in the Police / Politics circles, then it will come in very helpful to minimize the trouble you have to go through.

In my case, I accepted to the charge (reckless driving), paid a fine and came off - there were no causalities involved. I had run over unmarked stones used as medians at 3 AM, blinded by the high beam of an oncoming vehicle (I lost control and hit the same vehicle!)

In your case, you better go with your lawyer's advice, and like I said talk to any influential contacts who may help - would go a very long way.

May the force be with you!
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Old 2nd August 2008, 22:24   #92
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Just back from the final formalities with the insurance guys they needed all the "salvage " back dunno for what so i ended up carrying a broken front fender , left front panel, left RVM, left driving light, broken left headlamp and radiator support panel to the New India Assurance office, Utility Building. Was made to wait there in the lobby for about one hour to get the guy there to check and tell me that these broken parts actually belonged to my car before the accident, then i was told, thank you and you can now go back and wait for the cheque for the reimbursement to come to you .

The guys at A.S.S tell me that the other insurance service providers like Oriental , Bajaj Allianz etc do not require these kindda creepy things to be done , they just need a digital photograph of the rectified car with the salvage lying in front of the car.


I still do not have any updates from either the court or the police guys who are supposed to be doing the investigation .....me keeping my fingers crossed.. and prayin that everything goes off without too much torture.

Thank you all for the nice words that you have keyed in for me they really help when you are in such kindda situations, especially so from a like minded crowd of people




Hey Hellstar !

Sorry to hear about the accident. Really pray to god for the departed soul and specially to god to help you our in troubled times.

I guess every morning we guys try out best not to hit people running across the road showing the MAGIC HAND saying stop.

I guess we should have clear laws that if a pedestrian crosses a busy junction with pedestrian crossing in the vicinity , then he should be blammed for the accident unless the driver is cleary at fault for over speeding/reckless driving
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Old 3rd August 2008, 02:14   #93
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Hellstar, that is really unfortunate. But sometimes life is so cruel and we get into trouble for no fault of ours. And especially in India where the entire system and it's functioning cause more trauma than the actual incident.

As an unwritten rule, our aadmi feels the bigger vehicle in an accident is always at fault independent of the circumstances. The worst thing is that even under such extreme situations, there are always people around who (totally not involved) try to gain some benefit out of it. Sick people.

Anyways you are lucky that you got good support from family, friends and your employer. Some employers tend to stay away from these due to bad publicity. You have got blessings in their forms. Dont worry, you will get through this with support from your dear ones.
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Old 3rd August 2008, 21:22   #94
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When is the decision likely to come?
This is one question to which even i was looking for some answers from the forum , if there were any lawyers around. Police guys said six months more but court guys hinted at nothing less than two year . and i am at a loss which to belive.

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In my case, I accepted to the charge (reckless driving), paid a fine and came off - there were no causalities involved. I had run over unmarked stones used as medians at 3 AM, blinded by the high beam of an oncoming vehicle (I lost control and hit the same vehicle!)!

I cant do thsi because if the judge decides something like a jail term or something then i am done for , as its is highly possible .
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Old 3rd August 2008, 21:45   #95
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My sympathies with you hellstar. all the best with the legalities.
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Old 4th August 2008, 14:23   #96
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Just back from the court , hearing postponed to 19th Nov 2008 because no witenesses turned up. I have a gut feeling that this is gonna drag a lot.

Between i have also been informed that the Insurance case has closed and a compensation of Rs 5 Lakhs given to the so called dependants of the deceased.
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Old 4th August 2008, 15:20   #97
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man i feel for you.getting docked for no fault of yours.btw where did those dependants come out from?there have been lots of cases wherein cops are hand in glove with such people who claim to be dependants of the deceased and claim money which is then split with the cops.
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Old 4th August 2008, 15:43   #98
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Originally Posted by hellstar View Post
Just back from the court , hearing postponed to 19th Nov 2008 because no witenesses turned up. I have a gut feeling that this is gonna drag a lot.

Between i have also been informed that the Insurance case has closed and a compensation of Rs 5 Lakhs given to the so called dependants of the deceased.

Sorry to hear about your plight hellstar. Our prayers & good wishes are with you at this time. Please do not even think of pleading guilty, you will be arrested surely.
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Old 4th August 2008, 15:58   #99
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don't know how i missed this thread at all. Hellstar i completely understand your situation man. My best friend went through the same (in his case we had to go through all of this because the deceased was also a friend and i was a witness) . Please let me know if i can be of any help.

Regarding the case , it will go on for atleast a year and a half or 2. Just be prepared
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Old 4th August 2008, 16:11   #100
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Quote:
Originally Posted by hellstar View Post
Just back from the court , hearing postponed to 19th Nov 2008 because no witenesses turned up. I have a gut feeling that this is gonna drag a lot.

Between i have also been informed that the Insurance case has closed and a compensation of Rs 5 Lakhs given to the so called dependants of the deceased.
I had a similar experience and was extremely fortunate that nobody died and only a serious leg fracture of the scooterist that i hit who was driving in my side of the lane at 11:30pm. I was fiddling with my ICE and suddenly i see this guy bang in front of me. Scooter's kick rod went into my front tyre and tore it out completely and i veered and hid the sidewalk. my tyre and alloy went kaput. Had to buy both brand new.

My car was compounded by police and i spent the whole night in the police station and was given a bail next evening.

Since the scooterist were a couple of extremely young fellows ( drunk) and from poor family. I paid the guy 40K out of sympathy and against my lawyer ( who is a close friend of mine).

What section is your case registered under? Mine is rash and reckless driving with minimum injury ( Section 3 XX something). My accident happened on March 31,2007 ( 19 days after your's) and it is still going on (Tariq ke baad Tariq).

And, my lawyer is handling a similar case as yours and he too was saying it will be easily 2 years. Thats how our judicial works, they keep post poning the hearing. Just look at my situation.

My court hearing is tomorrow and planning to plead guilty and hopefully i should be just fined and let go. I never posted my incident here on the forum as i was too depressed for a long long time
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Old 5th August 2008, 02:35   #101
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Originally Posted by hellstar View Post
Just back from the court , hearing postponed to 19th Nov 2008 because no witenesses turned up. I have a gut feeling that this is gonna drag a lot.
Why am I not surprized! I am pretty sure that it will be dragged a lot!!!

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Please do not even think of pleading guilty, you will be arrested surely.
Pleading guilty in minor cases is well, a calculated risk. Minor cases would include situations where there was no 3rd party involved or there have been minor injuries (no loss of limb or life). I agree with John here... You shouldn't plead guilty in this case. Please speak to your lawyer to ensure that he handles the case accordingly.
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Old 5th August 2008, 10:02   #102
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Anoop, hope the case comes to a conclusion in your favor. It would take a toll on you, but i believe by now you kinda know what to expect. All the best, and keep us posted.
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Old 5th August 2008, 10:39   #103
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Originally Posted by hellstar View Post
This is one question to which even i was looking for some answers from the forum , if there were any lawyers around. Police guys said six months more but court guys hinted at nothing less than two year . and i am at a loss which to belive..
Hey Anoop,

Just stumbled upon this thread mate.

A dear friend of mine in Bombay had a dead similar un-thinkable accident. A PSU grad 1 clerk, aged 38 - stumbled over a road divider whilst crossing the road at 1910hrs and landed in front of our car, and was pronounced dead when taken to the nearest hospital.

This is Feb11, 2006.

I was the co-passenger in my friend's Accent-Viva.

We both, were un-ceremoniously taken to court and did multiple rounds of the police station for over two months then.

My friend's case case still continues on even today.

There is a new ruling within the Motor Accidents referal, that allows certain kinds of motor accidents to be disolved within 36months latest. You might want your lawyer to check this out.

My deepest concerns for you and hope all spans out well.
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Old 5th August 2008, 13:23   #104
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I paid the guy 40K out of sympathy and against my lawyer ( who is a close friend of mine).

My court hearing is tomorrow and planning to plead guilty and hopefully i should be just fined and let go. I never posted my incident here on the forum as i was too depressed for a long long time
@mobike wish you all the best and hope you have a god verdict and about paying the money you should not have done that , the court maye perceive this as something else.
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Old 5th August 2008, 15:50   #105
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@mobike wish you all the best and hope you have a god verdict and about paying the money you should not have done that , the court maye perceive this as something else.
Thanks Hellstar. Neither the court nor the police know that i paid them any money. I was approached by his parents and they were begging me to pay for hospital expenses plus he was an earning member so out of sympathy,i paid them the money in 2 installments and this payment happened in my lawyers office.

I had my court hearing this morning and when my name called i went and stood in front of the judge ( you know like a proper criminal, with hands folded and with a look of regret and grief on my face) and he told me police have not filed a charge sheet till now and told me you can go and dont have to come back to court until you receive summons from the court. I simpley walked out happily paying the darbar a 50 buck note.

I was told by my lawyer's assistant that it is advantageous as the case will die a natural death as the police have not filed a charge sheet after 1.5 years so what are the chances they will do in the near future. Keeping my fingers crossed

Btw, in my case my lawyer who is also a good friend ( who is a dynamic and filmy type in early thirties who drives a scorpio, accord, fork ikon and goes to tirupathi 7-8 times a year) confidently told me that i will plead guilty today and will be fined and let go.

He told me there are thousands of cases and they have to pay attention to the serious ones ( Unfortunately, probably like your case) and will not announce an imprisonment in my case and will sure to fine me, thats all. In fact, he was not even present when my hearing was about to happen this morning

Whew, i was a bit panicky when i went to court, now i am slightly relieved. But, since this ordeal is still not closed, you never know what's going to happen in future.

Goodluck my friend and wish a speedy and safe closure to your case!
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