xinomes black beast crashed still suffering! - Page 2 - Team-BHP

BaCkSeAtDrIVeR · 14th July 2007, 10:50

Quote:

Originally Posted by 1100D

Which means he has to physically Go to the MACT after pleading guilty in the Criminal court?

No. Personal appearance in MACT is not required.

Quote:

Originally Posted by 1100D

Showing the summon and saying I have plead guilty for the incident and I want the insurance company to compensate any claim.

Hmm.. this certainly is a tricky area. That is where you really need a lawyer. All I can say at the moment is this:-
"simply becuse you pleaded guilty in criminal proceedings does not mean that you will be held responsible in MACT claim".
Also remember that even if you are held responsible in the MACT claim, and the MACT decision is because you pleaded guilty in criminal proceedings, the insurance company IS bound to honour the policy and pay up.
So, the factors to be taken into consideration really are -

Do I have a valid insurance policy?
Are all conditions of the policy satisfied (like does the driver have a valid license?)

If both are answered yes, you can save money and time and plead guilty.
Of course, you can stick to principles and plead innocence. That is the right thing to do, but do not count on the judges of courts to have the patience to go through a long drawn evidentiary process.
The reason is quite simple - a judge disposes about 4000 cases in a year of 240 working days. That means a judge has to decide on 16 cases in a day.
A working day is 7 hours. Your judge will get about 26 minutes to decide on your case. This assumes a working day is 10 to 5, without break. Actual sitting is from 11 to 5, with breaks of 1 1/2 hours in between, and on most days, lasts only till 4. That means your case gets less than 15 minutes. Effectively.
And I am not joking. I have data to back up my claim.

Mistakenguy · 14th July 2007, 11:08

Don't worry shabeeth !! You'll be ok .

nikkibike · 14th July 2007, 11:41

OK!! So your concern is on the court orders eh?! Be realistic man!! This can happen to each and everybocy who uses the road.... and NO court can just put you 'inside' for a simple 'road accident'!! Well.... its a differant case if the accident is puposefully and consiously created!! In your case its just another accident happened "only due to certain genuine reasons" you have already mentioned!
Well.... long back in 1997 I too was slapped with a '307' case for a similar issue! In short, Murder attempt!! I walked out 'just like that' out of it and all those who conspired it have had thier life time 'share' from me too!! I only had a good advocate. Leave that!! Here, what I was highlighting is the differance between 337 and 307!! So relax..... those days are gone!! NOBODY can disturb your life 'just' like that!

Drive on.... safely!

spadival · 14th July 2007, 12:05

If you are planning to fight and prove ur innocence, might be a good idea to see if you can trace the auto rickshaw driver.

xinome · 14th July 2007, 17:36

we have already decided to plead innocent as said earlier, havn't met the lawyer yet. lots of personal problems at home as well!
hopefully today atleast at 6pm i will be seeing the lawyer
whats worst the summon is on 19th and i have a exam on the 20th.

what ever i have said in my 1st post its true also it was my 1st accident ever.
the summon was done by the lady in the auto.

the autodriver is a local dons best friend so i dont want to play with him, as i also know the person very well, we are in good terms so no problems from auto side i hope!

this whole thing is done by the mali lady what the hell is her problem!

@backseatdriver - i have already done whatever you have said, also i have 3rd party insurance so this is allrite rite.

xinome · 14th July 2007, 19:23

i met my lawyer just now, everything is done and taken care of we are postponing the date of the so called trial to another date oh and yes we are pleading innocent and i will be on bail or somthing like that.

CrAzY dRiVeR · 14th July 2007, 20:27

Quote:

Originally Posted by xinome

i met my lawyer just now, everything is done and taken care of we are postponing the date of the so called trial to another date oh and yes we are pleading innocent and i will be on bail or somthing like that.

Thats good. How was the drive today?

EDIT: If you know the auto-driver, cant you bring him to your side?

Sam Kapasi · 14th July 2007, 20:33

Good luck to you Xinome. Everything will be OK, don't you worry.

pjbiju · 14th July 2007, 22:19

Nothing can be more heart-breaking than being held responsible and guilty for something that is actually not one's fault. We are all with you Xinome. Hope your lawyer will see you through this. I think the fact that "the fault is always with the bigger of the vehicles in an accident until proven otherwise" is a skewed attitude of the Indian legal system that unnecessarily gets people into problems.

esteem_lover · 15th July 2007, 01:03

Don't worry too much & take it as it comes. You are not at fault & it cannot be proven otherwise, so relax.

BTW, what is a mali lady ?? did you mean a mallu lady ??

amtak · 15th July 2007, 02:17

Hey Brother,

Don't worry...you are a brave man...! Victory would be yours.

razor4077 · 15th July 2007, 03:43

Quote:

Originally Posted by esteem_lover

BTW, what is a mali lady ?? did you mean a mallu lady ??

Mali lady = gardener woman

@xinome: All the best dude. It's very heartening to see you taking the right path and pleading innocent. Many would have copped a plea and taken the easy way out. Here's wishing you all the best - may you have the patience and courage to see this through successfully

xinome · 15th July 2007, 22:27

mali lady the lady from mali a island somewhere in lakshwadeep i guess!

why dont you ask sameer bhai he might be able to help! the naughty nomad!

swathyd · 15th July 2007, 22:43

Maldives is an island nation in indian ocean . People from maldives are reffered to as mali in kerala and island is also called mali(mali dweep). Many mali people come to kerala, especially tvpm as it is the nearest indian city with airport access.

VJ_MAVRICK · 16th July 2007, 10:05

Hey Shabeeth......stay cool and i know its pretty easy for someone like me saying sitting on the other side of the fence...all you can do is just pray that justice prevails and above all ....best of luck on your exam too dude..take every moment as it comes now ..cheers

14th July 2007, 11:41	#18 (permalink)
nikkibike BHPian Join Date: May 2006 Location: QoAS Posts: 365 View My Garage	Why do you worry so much?! Be happy... OK!! So your concern is on the court orders eh?! Be realistic man!! This can happen to each and everybocy who uses the road.... and NO court can just put you 'inside' for a simple 'road accident'!! Well.... its a differant case if the accident is puposefully and consiously created!! In your case its just another accident happened "only due to certain genuine reasons" you have already mentioned! Well.... long back in 1997 I too was slapped with a '307' case for a similar issue! In short, Murder attempt!! I walked out 'just like that' out of it and all those who conspired it have had thier life time 'share' from me too!! I only had a good advocate. Leave that!! Here, what I was highlighting is the differance between 337 and 307!! So relax..... those days are gone!! NOBODY can disturb your life 'just' like that! Drive on.... safely! __________________ *MISSED* the action!!! :-( Guess another one has already started happening!! :-)

14th July 2007, 17:36	#20 (permalink)
xinome BHPian Join Date: Feb 2007 Location: Banglore Posts: 319	we have already decided to plead innocent as said earlier, havn't met the lawyer yet. lots of personal problems at home as well! hopefully today atleast at 6pm i will be seeing the lawyer whats worst the summon is on 19th and i have a exam on the 20th. what ever i have said in my 1st post its true also it was my 1st accident ever. the summon was done by the lady in the auto. the autodriver is a local dons best friend so i dont want to play with him, as i also know the person very well, we are in good terms so no problems from auto side i hope! this whole thing is done by the mali lady what the hell is her problem! @backseatdriver - i have already done whatever you have said, also i have 3rd party insurance so this is allrite rite. __________________ " I meant what I said and I said what I meant. " बूम शाकालाका बेबी

14th July 2007, 19:23	#21 (permalink)
xinome BHPian Join Date: Feb 2007 Location: Banglore Posts: 319	i met my lawyer just now, everything is done and taken care of we are postponing the date of the so called trial to another date oh and yes we are pleading innocent and i will be on bail or somthing like that. __________________ " I meant what I said and I said what I meant. " बूम शाकालाका बेबी

14th July 2007, 20:33	#23 (permalink)
Sam Kapasi Distinguished - BHPian Join Date: Jul 2005 Location: Berlin (but watch this space) Posts: 6,873 View My Garage	Good luck to you Xinome. Everything will be OK, don't you worry. __________________ Live the YetiLife® *MA-DONNA! MA-DONNA! MA-DONNA!*

15th July 2007, 01:03	#25 (permalink)
esteem_lover Senior - BHPian Join Date: Jul 2006 Location: Madras Posts: 5,000 View My Garage	Don't worry too much & take it as it comes. You are not at fault & it cannot be proven otherwise, so relax. BTW, what is a mali lady ?? did you mean a mallu lady ?? __________________ Advertisements contain the only truths to be relied on in a newspaper. - Mark Twain

14th July 2007, 11:08	#17 (permalink)
Mistakenguy BHPian Join Date: Jan 2006 Location: Trivandrum Posts: 98	Don't worry shabeeth !! You'll be ok .

14th July 2007, 12:05	#19 (permalink)
spadival Senior - BHPian Join Date: Oct 2004 Location: Pune Posts: 1,505 View My Garage	If you are planning to fight and prove ur innocence, might be a good idea to see if you can trace the auto rickshaw driver.

14th July 2007, 22:19	#24 (permalink)
pjbiju BHPian Join Date: Apr 2006 Location: Karamattom, Aluva, Kotagiri, Yercaud, Hospet, Indore, Nashik, Pune (now) Posts: 229	Nothing can be more heart-breaking than being held responsible and guilty for something that is actually not one's fault. We are all with you Xinome. Hope your lawyer will see you through this. I think the fact that "the fault is always with the bigger of the vehicles in an accident until proven otherwise" is a skewed attitude of the Indian legal system that unnecessarily gets people into problems.

15th July 2007, 02:17	#26 (permalink)
amtak BHPian Join Date: Oct 2006 Location: Fulltime Mumbaikar...Yippie!!!! Posts: 847 View My Garage	Hey Brother, Don't worry...you are a brave man...! Victory would be yours. __________________ E V O L V E D!

15th July 2007, 22:27	#28 (permalink)
xinome BHPian Join Date: Feb 2007 Location: Banglore Posts: 319	mali lady the lady from mali a island somewhere in lakshwadeep i guess! why dont you ask sameer bhai he might be able to help! the naughty nomad! __________________ " I meant what I said and I said what I meant. " बूम शाकालाका बेबी Last edited by xinome : 15th July 2007 at 22:29.

15th July 2007, 22:43	#29 (permalink)
swathyd BHPian Join Date: Mar 2007 Location: thiruvananthapuram Posts: 596	Maldives is an island nation in indian ocean . People from maldives are reffered to as mali in kerala and island is also called mali(mali dweep). Many mali people come to kerala, especially tvpm as it is the nearest indian city with airport access.

16th July 2007, 10:05	#30 (permalink)
VJ_MAVRICK Senior - BHPian Join Date: Jun 2007 Location: Bangalore Posts: 1,010 View My Garage	Hey Shabeeth......stay cool and i know its pretty easy for someone like me saying sitting on the other side of the fence...all you can do is just pray that justice prevails and above all ....best of luck on your exam too dude..take every moment as it comes now ..cheers __________________ Every SAINT has a PAST and Every SINNER has a FUTURE

Similar Threads
Thread	Thread Starter	Forum	Replies	Last Post
Spotted : Black Subaru WRX StI. EDIT : Crashed and Now Fixed & Painted Orange	varun_patra	Super-Cars & Imports in India	318	14th May 2008 17:01
From being a BULL Dozer to a scorpio aka BLACK BEAST....	praveencr85	Long-Term Ownership Reviews	2	3rd August 2007 07:49
Why the Big three are suffering!!!	devarshi84	The International Automotive Scene	32	28th July 2007 10:17
Hamann Ferrari F430 Black Miracle-rather black disaster	pawan	The International Automotive Scene	13	20th May 2007 17:27
Keep suffering!	Aditya	Shifting gears	7	18th March 2004 00:22