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Old 9th May 2009, 12:55   #16
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Sad to read such an event. I have seen this happen countless times. I had a court case once when couple of drunks on a bike rammed my car and then got badly injured & hospitalised. Broken limbs, hip and rib fractures. The system of law really sucks in India. The bikers were connected in the police. But some quick thinking saved me. I refused to give in to their threats and pressure. I won the case after 3 years and the injured guys did not even get anything from my third party insurance. Im sure they must be suffering the consequences of their actions. Both now have rods in their legs.

But I shall suggest this> Sometimes we win sometimes we lose even though we are right. If you know you are right and you think you cant win, then let go. It sounds hard and it certainly is. But there is a bigger court where justice prevails. You may not get to see the results of your actions, but, nature has its own way of meting out justice.
Move on. My blood boils when i read incidents like this, but then , there is so much scum out there that you will die fighting. Make your choice. Choose your fight.

Last edited by jaysmokesleaves : 9th May 2009 at 12:57.
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Old 9th May 2009, 13:05   #17
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Sad to hear about your accident - we need to go a lot further before these nasty weeds can change or better, be removed from the system.

In 2003, i was in a similar situation, just that the vehicle which rammed into me was a military truck, on Trinity Church Road, just near the MG Road signal.

Ulsoor Police refused to register a case.

And, the military driver (driving the huge Stallion) said he was still under training, and from that height, could not see my car below !
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Old 9th May 2009, 13:11   #18
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get hold of some advocate friends in your city or town.it will be helpful.
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Old 9th May 2009, 14:18   #19
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Originally Posted by jaysmokesleaves View Post

But I shall suggest this> Sometimes we win sometimes we lose even though we are right. If you know you are right and you think you cant win, then let go. It sounds hard and it certainly is. Make your choice. Choose your fight.
+1 to that.

I'm sure if you ride/drive on Indian roads you faced or will face these kinds of situations. Think and then take your stand.
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Old 9th May 2009, 14:57   #20
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If you ask me, only thing you could have done is, you could have given him a couple of blows on his face before he had called the warden. Atleast that would have cooled him down and you would have also had the feeling that you have given him back something he really deserved. However, this is my opinion.
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Old 9th May 2009, 16:57   #21
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Originally Posted by snaronikar View Post
If you ask me, only thing you could have done is, you could have given him a couple of blows on his face......
So, the best way to sort out a minor road accident case is to escalate it into physical assault? I must say that this is the worst advice I have ever come across.
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Old 9th May 2009, 20:02   #22
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Quote:
Originally Posted by quadra View Post
Cops don't mess with lawyers. Hope this helps
didnt understand, please elaborate
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Old 11th May 2009, 18:56   #23
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Originally Posted by srijit View Post
I have a simple solution to offer. Go out and meet your local bhpians. Get their numbers. Go on team-bhp meets in your city. Meet bhpians in real life. In emergencies like these call them up and ask their advice.
If you are travelling to a new place, have the contact details of atleast one bhpian.

You are never alone, when you are in Team-BHP.
+1 to all those.

I'd a similar scenario in 2003, but the tables were soon turned in my favor. My Indica was hit from behind by a M800, coupla roundabouts before PMO. Me and my friend tried to reason with the other party, telling him it was his fault as he didn't kept proper distance and stuff. To our surprise, he asked us to buzz off as his brother was an ASI in the police station just next to the roundabout. We decided to pursue anyway, and soon both cars were at the station. Out came the brother, with coupla constables trying to hassle us asking us to pay for the damages caused to the M800 . I'd all the required papers with me, so I was least intimated. But things weren't going in our favor (as expected), so we took the last resort. My friend called his father, who inturn got overly concerned for our safety and called the Traffic Commisioner. Man, you should have seen the change in cops & the offending party's attitude.
The cops literally begged us not to file an FIR and the guy from the other party was in tears apologizing repeatedly. It was the tears that melted our hearts as we were in no mood to letting them go earlier. So we asked him to pay for the damages and got a letter drafted and stamped by the SHO for action in case they did not.
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Old 11th May 2009, 19:42   #24
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Originally Posted by Nitin View Post
Thats disgusting!! No fault of yours, and then things turn around and put you in a tough spot!
If only there was a way to teach that traffic warden a lesson.And look at the cheek of those guys to buy a helmet on the way. Wouldn't we all wish that the moron actually got injured in the accident!
Nitin Sir,

This guy did not buy a new helmet but went home to pick up and come to the police station.

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Originally Posted by Mpower View Post
Harry, you might want to consult a good lawer to understand your rights. Obviously the cops took your for a ride assuming that you are gullible. Might want to write to a couple of papers as well. Did you take the names of the people involved.
Mpower Sir,

Yes - I have details of the scooter, rider and the police all intact. More than just consulting my legal counsel, why not use this as an opportunity to influence the law to not seize the vehicle when nobody is injured? This would perhaps help everyone not go through the same pain. Assumption being that the cop is right about the law?

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Originally Posted by pranava999 View Post
write to the traffic warden body about the unprofessional conduct of on of their wardens. That's all you can do. The problem with us as citizens is we have succumbed to such corruption and don't want to take it on.
You should have actually written out all the details (riding without a helmet, recklessly at a traffic light, broken brake,etc) in the FIR and registered the complaint, and confronted the cops saying, seize my car I have my lawyer who will take care of this.
Pranava Sir, precisely what I had written in the original complaint but was asked to write afresh to take my car out of the police station. I still have the original complaint intact.

Unfortunately, i do not have the traffic warden's name.

Quote:
Originally Posted by HappyWheels View Post
A very bad situation to be in and something that any one of us can be in!

A question to any member who has a knowledge of the law: Can the police confiscate a vehicle in such a situation? If there are no body harm or major damage, can the police impound the vehicle?
Happywheels Sir, good question! Hope we do have advocates here to help us understand lawas of the land.

[quote=Roy.S;1295023]I think he is talking about forming a support group of sorts. People who would be able to help out in such a situation. Not necessary people who can pull strings, but a network that can offer the necessary legal and moral support at short notice.
The only way I see of doing this is to form a panel of lawyers and other tbhp users who have been through this sort of thing.
Is it really possible to do this? Difficult, but not totally inconceivable.
In any case, lets see how this thread develops, if it does.

I sincerely hope that this results in the formation of a council that can actually influence the law makers to budget our learnings and recommendations.

Quote:
Originally Posted by BaCkSeAtDrIVeR View Post

2. You have a right to register a complaint as you want it, not as they want it. Asking you to remove information (or even refusing to record your statement) like the two wheeler driver did not have a helmet and did not have brake lever is akin to tampering with crucial evidence.
Backseat driver Sir, Valid recommendations. I obliged to re-write the complaint because I did not want to leave behind my car at the sation. I don't mind engaging an advocate who could fight my case but if I had to leave my car behind, would I get it back in the same shape and intact?

Quote:
Originally Posted by MrinalSinha View Post
We must go for local councils. Members from Hyderabad lets start this and try to see that Hyderabad becomes a better place to drive (I know this is the worst place in India to drive but still lets try!!)
Thanks Mrinal, while we create city wise user council, we must find a member who could take us to the law makers of the nation? Not sure if this is a tally ask

Last edited by Samurai : 12th May 2009 at 23:10. Reason: Please learn to use multi-quote feature
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Old 11th May 2009, 20:05   #25
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Does being a member of the Automobile Association of India (the ones for which you get the shiny metal AA badge you can affix on your car) help in situations like these?

- in terms of more bargaining power with the cops because you are a member of AA?

I wouldnt expect too many constables to know about team-bhp but a AA badge might trigger an iota of concern in his mind before harassing you? Not that he would know about AA, but some badge is better than nothing.
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Old 11th May 2009, 20:07   #26
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Quote:
Originally Posted by jaysmokesleaves View Post
Sad to read such an event.

My blood boils when i read incidents like this, but then , there is so much scum out there that you will die fighting. Make your choice. Choose your fight.
Thanks and sorry about your accident. Yes - this certainly leaves a bad taste in the mouth and we must stop accepting this as way of life and do something about it collectively.

Quote:
Originally Posted by snaronikar View Post
If you ask me, only thing you could have done is, you could have given him a couple of blows on his face before he had called the warden. Atleast that would have cooled him down and you would have also had the feeling that you have given him back something he really deserved. However, this is my opinion.
Snaronikar Sir, At that point in time I wanted to do more than just that but then that does not solve the problem and will only complicate it.

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Originally Posted by lordofgondor View Post
+1 to all those.

I'd a similar scenario in 2003, .
That was pretty cool but then how many of us have police contacts in here to handle such situations.

Last edited by v12 : 12th May 2009 at 10:19.
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Old 12th May 2009, 08:56   #27
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Originally Posted by topedgemonk View Post
Does being a member of the Automobile Association of India (the ones for which you get the shiny metal AA badge you can affix on your car) help in situations like these?

- in terms of more bargaining power with the cops because you are a member of AA?

I wouldnt expect too many constables to know about team-bhp but a AA badge might trigger an iota of concern in his mind before harassing you? Not that he would know about AA, but some badge is better than nothing.
Topedgemonk, Thanks for that tip - I haven't heard of them before.

Why not Team-Bhp get the same eminence and extend it beyond.
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Old 12th May 2009, 12:03   #28
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Originally Posted by DirtyHarry View Post
That was pretty cool but then how many of us have police contacts in here to handle such situations.
I hear you buddy, and that's the frustrating & sad part. Expecting the police to server & protect the common man has become a lost cause.

Though it can be overwhelming for an individual to stand against this kind of treatment, I believe this is where teamwork can help all. And what better place than T-BHP for us to get together and assist each other.

Last edited by lordofgondor : 12th May 2009 at 12:06.
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Old 12th May 2009, 12:23   #29
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Originally Posted by DirtyHarry View Post
I asked them to register a compliant and the police inform me that my car will be seized and Iíll have to get court orders to get it released if they register a FIR.
From the motor vehicles act, I think the police can inspect the vehicle, but are required to return it in 24 hrs. Please see the link below. Not sure about the court orders though.

Laws - Motor Vehicles Act, 1988 Section 136
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Old 12th May 2009, 12:29   #30
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Originally Posted by shipnil View Post
From the motor vehicles act, I think the police can inspect the vehicle, but are required to return it in 24 hrs. Please see the link below. Not sure about the court orders though.

Laws - Motor Vehicles Act, 1988 Section 136
This is good find. The lawyers can comment here but an affidavit also works to release the car incase of a physical injury in the accident, otherwise even that is not required.

I think they used intidimation tactics on you, if you have the sccoter details you can still file an FIR with the help of your lawyer and involve that traffic wardens name also.

Last edited by dadu : 12th May 2009 at 12:31.
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