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Old 12th April 2010, 15:10   #46
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Originally Posted by Spitfire View Post
Is it a stamp paper and of what value?



Agreeing to what rishi did in this scenario, it can lead to more harassement.

And I dont think any of us are so clueless about our rights to fall for such blackmail as shown by the victim here.
Its a plain paper, but as I remember reading somewhere in the news that, even signature on a plain paper is a valid document, with witness signatures on it.
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Old 12th April 2010, 15:13   #47
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Originally Posted by rishie View Post
I agree with you, but as I am not having the vehicle number, I cannot file a case against him. That's the reason I had not approached the cops.

But now, even if they want to proceed legally, they cannot, as they have signed a paper claiming no responsibility of mine, and even if the cops come in, I can file a counter case on them, saying that they have already made a settlement, and still harrassing me, by showing the letter to the cops.

Also towards the end, every one (including the middle persons) came talking my side, even forced him to sign the letter, though he was denying to sign on it.
Even if you don't have the vehicle number or the license details of the other driver, you could still go ahead and register a report. You can mention in the report that you could not note down the vehicle number or license details because you had to shift the injured person to the hospital. It's more of a report and not a complaint. The police will note it down in their register and give you a copy acknowledging they have received and noted down the report of the accident.

If the other person lodged a claim with your insurance company, I am sure the insurance company will ask for this from you.

While the natural reaction in such a situation would be to panic, please keep in mind your duties and responsibilities in such a situation. These are very basic rules which one has to learn while earning the driver's license, and these should be prominently displayed in any good driving school as well. It is well to heed them so you don't get into any trouble.

And remember: It's not the job of the cops to decide who is guilty and who is not. They are there to only register a case/complaint/report, carry out panchnama if required. They are not the decision makers. The courts will decide who is guilty. So don't be afraid of visiting the police station.
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Old 12th April 2010, 15:20   #48
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Originally Posted by rishie View Post
But now, even if they want to proceed legally, they cannot, as they have signed a paper claiming no responsibility of mine, and even if the cops come in, I can file a counter case on them, saying that they have already made a settlement, and still harrassing me, by showing the letter to the cops.

Also towards the end, every one (including the middle persons) came talking my side, even forced him to sign the letter, though he was denying to sign on it.
rishie,
I would say that you need to take pro-active steps now to prevent further issues. No point in hoping that they will not come back. If they don't come back, good. If they do, better be prepared.

What those people said at the end of negotiation do not matter. They might have taken your side to appease. A new set of goons may come next time.

I think you need to take steps like legal help and police complaint now. Do not wait for goons to show up to take further steps. And soon shift your home.

Think rationally, not emotionally.
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Old 12th April 2010, 15:36   #49
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Originally Posted by Captain Slow View Post
From what I understood it is a plain paper. Not a stamp paper.
Right.

The statement was more to make Rishi understand that its of no value in the court of law and that he need not be comfortable in the fact that he has that paper. Even if it was a stamp paper, then it needs a notary along with the witnesses.

But on a positive side the third rate person maybe happy with the 6k and not show up again.

Problem is such incidents encourage more of his ilk to do the same to others.
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Old 12th April 2010, 15:43   #50
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Originally Posted by honeybee View Post
Even if you don't have the vehicle number or the license details of the other driver, you could still go ahead and register a report. You can mention in the report that you could not note down the vehicle number or license details because you had to shift the injured person to the hospital. It's more of a report and not a complaint. The police will note it down in their register and give you a copy acknowledging they have received and noted down the report of the accident.

If the other person lodged a claim with your insurance company, I am sure the insurance company will ask for this from you.

While the natural reaction in such a situation would be to panic, please keep in mind your duties and responsibilities in such a situation. These are very basic rules which one has to learn while earning the driver's license, and these should be prominently displayed in any good driving school as well. It is well to heed them so you don't get into any trouble.

And remember: It's not the job of the cops to decide who is guilty and who is not. They are there to only register a case/complaint/report, carry out panchnama if required. They are not the decision makers. The courts will decide who is guilty. So don't be afraid of visiting the police station.
Point noted Honeybee, thanks for updating me.

From my bitter experiences earlier with the police, I preferred not to go to the police, until the things were going calm (though at the cost of the Vitamin M)

But there will be limits to whatever is to be done. if they are again coming back, I had already seeked help of my house owner (he's the only point of contact for me in that area), putting a counter case on that guy, also taking this to the corporator (well known to my house owner's son) who got much influence in that area, politically.
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Old 12th April 2010, 16:21   #51
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I remember an incident that happened some time back:
My neighbour on a kinetic honda lost control, and the scooter hit a lady. Her collar bone got fractured. This happened around half km from his house. He actually had only Learner's license. The 'locals' started pouring to his house from day one, asking for compensation. The asking amount rose day by day, and they started threating his dad (a college professor) that if he doesn't pay up, they'll go to court and give a witness statement claiming that the driver had only learners license and that he didn't have a valid license holder at the back.

The asking amount started at 10,000 Rs, and within a week rose to Rs. 50,000. Finally his dad took advise from an advocate, who asked them to go to court and accept that it's their mistake. Court fined 500 Rs, and the lawyer took 1000 Rs as fees. After that the same 'locals' visited his dad 2 times, saying "why don't we settle this issue in a friendly manner". His dad sternly said "my liability is over, why don't you go to court against the insurance company". Then these people stopped bothering him.

Rishie, in my opinion, if those people start coming again, ask them to file a case, and tell them that you are ready to do every assistance to help them claim insurance. If they come to your house the second time, and if you pay again, there's every chance that they'll look at you as a constant source of income. Please keep in mind that such 'contracts' may not have legal validity. Also note that even after accepting cash a number of times, they can still go for a case after 6 months saying "I have a constant head-ache, my doctor says it is because of the accident that I had six months back"

Long back I also paid 800 Rs at the hospital just to get out of the situation (Me + Friend + his wife + his 6 month old child in car. I was driving, his car was new, and he was very scared of going to police station). But after 3 days, we decided to go for a case because of repeated harassment over phone. Finally appeared in court and accepted as my mistake, I had to pay 1200 Rs as fine. Never had a problem because of this again.

Last edited by jinojohnt : 12th April 2010 at 16:40.
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Old 12th April 2010, 18:18   #52
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Sad to note that the goons did pay a visit and drain you of money playing on your gullibility. Well, there's always a bigger force and justice will be meted out. Don't worry about your 6K. That vermin will not prosper by cheating.
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Old 13th April 2010, 03:24   #53
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These people are really ridiculous. They never leave a moment to show how cheap they are and ready to eat off anyone else's money.
@Rishie
The Dude scanned his leg, and asking compensation as if it was your leg. He surely would have the money but just that an outsider is involved, his cunning mind thought of earning some more money. I don't think he would have done the same if it was some local.

So Someone, who was saying. Living in a rented house has it's advantage that you get to shift anytime? Dude, these kind of things happen to people ONLY staying in rented house because 80% of them are not locals. If it's a permanent house, noone dares to look at you, since you have all you local supports too.

@Everyone - Rishie did the right thing. Relieved from all tension for cost of 6K. Going to police may cost more, again, if you are not a local.

Once I remember, when I can in college. I shifted base to a new house. Asked my Security deposit from the old owner, and he started behaving like most of them. He kept telling me new dates, and never gave me the money. Ultimately, I had to go to the police and got the police to the residence to meet the owner and get me the money from him. I later came to know that the constable asked the owner in kannada to give him whatever money he had. The police would keep 50% of it, and give reast 50% to me and solve the matter

From that day I feel like..... Bangalore Police.
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Old 13th April 2010, 04:47   #54
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Ranjan, IMO, accident & obtaining money from house owner are two different things. I don't have much say on Bangalore police as we've better behaving cops in Chennai (atleast from my experience). My intention of posting is no way to harm or justify anyone's act, I'm very sure that, probably in a case of accident I too could act the same way due to nervousness, however, the purpose here is to continuously learn by sharing each other's thought.

To make the long story short, to me, FIR is only an evidence to show it to court & protect from the local tauts or goons. When you've law sitting by your side, you don't need to fear of tauts or goons & if you know the law better, these guys cannot even take cop's help unofficially. Probably they may approach you requesting for help but cannot demand anything from you & that's why you need the help of law.
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Old 13th April 2010, 05:01   #55
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Quote:
Originally Posted by aargee View Post
Ranjan, IMO, accident & obtaining money from house owner are two different things.
Ofcourse, I was giving an example of how cheap these cops can be. Both are different things, but action required from cops was same.

Quote:
I don't have much say on Bangalore police as we've better behaving cops in Chennai (atleast from my experience). My intention of posting is no way to harm or justify anyone's act, I'm very sure that, probably in a case of accident I too could act the same way due to nervousness, however, the purpose here is to continuously learn by sharing each other's thought.

To make the long story short, to me, FIR is only an evidence to show it to court & protect from the local tauts or goons. When you've law sitting by your side, you don't need to fear of tauts or goons & if you know the law better, these guys cannot even take cop's help unofficially. Probably they may approach you requesting for help but cannot demand anything from you & that's why you need the help of law.
All this is correct but only if the law exists. You can do nothing for 'Gunda Raj'

I understand the purpose of the discussion, and it holds good to give everyone else an idea of 'What to do' in such situations. But, even after reading this post completely, a common man like me will try to finish it off with 6K and sign off on a paper.
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Old 13th April 2010, 05:29   #56
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Ofcourse, I was giving an example of how cheap these cops can be. Both are different things, but action required from cops was same.
Nope. You completely missed the point. Anyway, discussing further would be off topic.

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Originally Posted by Ranjan Sharma View Post
All this is correct but only if the law exists. You can do nothing for 'Gunda Raj'
Just one point here pal, I'm also aware that law is not on common man's side in this country. But the point is, take both routes, legal & illegal. When would someone take illegal ways? Only when he knows he cannot fight legally? So when he starts fighting illegally, you also can follow the same foot prints provided you've some time? So use legal methods to control the illegal activities until you find your own way of handling the illegal ways. But I do agree on a different land it should be difficult I guess. Having stayed over 25+ years on the same place has its own advantage on these things & I guess I don't full understand the complexities of someone stranded on different place.

Quote:
Originally Posted by Ranjan Sharma View Post
I understand the purpose of the discussion, and it holds good to give everyone else an idea of 'What to do' in such situations. But, even after reading this post completely, a common man like me will try to finish it off with 6K and sign off on a paper.
Atleast in my case, I would start responding different improvising myself each time; that's what I believe in & that's the change I see too.
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Old 13th April 2010, 06:44   #57
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hope this is settled for once and all. money is not worth the peace of mind and family. Good that the ordeal is over and hope they never haunt back.

If they return, ask them to file a legal case in the court and donot pay them again.
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Old 13th April 2010, 07:41   #58
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I agree with Ranjan Sharma, Cops in bangalore are corrupted to that level, even they don't even look at the common man, unless money is involved. I had been seeing incidents since when I was staying in bangalore.

My ultimate reason for paying them off, is to get rid of them and have peace of mind for my family. Now that, my wife is gone to her parents house, I left the responsibility to my house owner, who assured me that nothing is going to happen even if they come back, and we will be going the same (their) way.

Aargee, if the same thing would have happened in my hometown, where my parents were staying now, I would definitely had gone the legal way, and not have shed a single paisa to that guy. Staying at a different place makes us care for the family more, and there will be few people who support us, even though there is no mistake of ours.

tanwaramit: Thanks for the concern, and I too hope this is over forever.
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Old 13th April 2010, 08:24   #59
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Rishie & to All, I'm sharing an experience of my friend who underwent a similar issue & to an extend I would agree that being a localite helps a lot. Anyway, here's it.

My friend hit a cyclist by mistake & till date we do not know whose fault is it. Anyway, the damage was serious that the insurance money for the car was around 15K with replacement of entire front shield & bonnet. Now, the victim was admitted in Isabella hospital & when I saw him, he was in full of bandages from head to foot & this guy was from the slum of Triplicane. My friend was also from the same area but from a porsh place in Triplicane.

After the accident, my friend was calm enough to hospitalize the victim & started calling all of us. By then, we all adviced him to call the cops & register a case. Now the victim's relatives were insisting so much that they didn't want a police case & they almost told this infront of the constable. However, the constable was open to anything that we said & finally my friend opted to file the FIR.

The point the cop said was for true - the victim & you belong to the same area, they may forego the case now for a small amount, what happens if they keep coming back to you all the time & then you get into a vicious trap? File a FIR & for humanity sake, just pay whatever you can & the law will take care of the rest.

However, I learnt a lot from that incident & I'm sharing my lessons
1. Stay calm & take the victim to the nearest hospital & thus isolate yourself & the victim from any mob.
2. Call the ambulance & start calling all your friends, relatives or the police control room; whether they come or not, try to build your support. Like Prince said, try to show that you're a influential person & do not show the nervousness & avoid talking to the mob around.
3. File a FIR as soon as possible. If you're the victim & if the person who hit you is not aware of law, then you've an upper hand. If you're not the victim, whether or not the victim is aware of the law, you still have the upper hand to get away safe.
4. Calling cops is a measure of safety, no one can bash you in front of the cops.

I'm stating the above not to support or offend anyone, just sharing the lessons that I learnt from that incident. Rishie, I'm not justifying or cannot justify any of your act. We can all pour in lots of advices sitting 350 Kms apart, but nothing, absolutely nothing can replace the mental agony & the pain you're undergoing. All of us can share our thoughts in this forum & keep learning to avoid each other's mistake. I'm not sure how much I will be able to manage when something similar occurs, but I always keep reminding them within me so as not to repeat them.

PS - 6 months later, my friend appeared in front of the judge to pay a fine of Rs 1500.

Last edited by aargee : 13th April 2010 at 08:28.
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Old 13th April 2010, 09:25   #60
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Let me reiterate: Reporting the accident to the nearest police station within 24 hours is REQUIRED BY LAW, whether you prefer or not.

You are also supposed to take any injured to the hospital if possible. Only exception would be in case of mob fury which puts you, your vehicle and/or its other occupants in danger.

And I don't understand why should you be paying out of your pocket when you have already paid the insurance company?? A third party insurance is mandatory for all motor vehicles. So the worst case scenario is your insurance company pays the third party for any damage to his/her vehicle or bodily injuries. If he had a valid (comprehensive) insurance policy, he could get compensation from his own insurance company as well. Where's the question of paying for the expenses from your own pocket?? I can understand if you are paying an auto or taxi to take the injured to the hospital but paying for his treatment??

Please understand the law, learn your rights and responsibilities in case of accidents and do not step over these. It will go a long way in ensuring better peace of mind.

Lastly, I doubt if you have followed the law, any cops could exploit you. As in case of rental deposits and such, we do not make these transactions in writing on a stamp paper, as is required by law, since we want to save the stamp duty. The cops can't help you in this case. They know you are not following the law, so they have a free hand in dealing with such matters. If you follow the law, they have to follow it too.
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