[prithm]

I am still seeing recommendation for accepting accusation, and it is not right advise.

Many of us want to wriggle out of this situation at the earliest with least damage, and none of us should blame any of us for that. That's human. Infact the false court case itself is a product of human greed.

Enough of philosophy, my point is to put a brave fight in court. It will cost you yes, but being acquitted in court case is more honorable and future counter cases will be tough to fight for the opposite party.

I clearly see that there are no incriminating evidence against s_pphilip and that he has already appeared in court (if I am right), then why worry anymore. Just hire a experienced lawyer and let him/her take care of it. Follow up monthly or move the case to Lok Adalat (amazing fish market) where you can haggle settlement amount in open court before the judge and be done with it on a weekend itself. The case that I referred earlier, was settled in "Lok Adalat Weekend" festival in Hyderabad. An amazing 20000 cases were settled over the weekend setting a record in India.

These are petty offenses not amounting to criminal liability.

You are not expected to attend court dates every time. Power of Attorney granted to a person means he/she can represent you in court during dates and you will only be needed when evidences and cross examination is needed. As suggested by an TeamBHPian, the father cannot be listed as an eye witness since he was not at the crime spot. Even if they managed to get eye witnesses, scrutiny will be done for their version of case.

That's why I am recommending for a FIR to be filed at the earliest so that case can proceed in court of law. Additionally, if you have filed for a Police complaint and if they are delaying getting the FIR ready, get local magistrate to execute section 156(3) of IPC to get it done. They will be forced to get it recorded. General Diary records are not effective.

Out of court settlement is the best alternate option. Let them come for a negotiation and they should initiate process for case withdrawl stating a mutual agreement has been reached and that they will no file any more case against s_pphilip. This way any future case will lose steam at the initial stage of arguments itself.

Indian Courts are daunting, bland buildings. They are yet another "regular" government office, so never get bogged down by all these nuisance. Face it and get acquittal on court record.

[ramvenky74]

one of my neighbour faced a similar incident in Karnataka. He had to bare the burn. The police simply said "You are driving the car sir. its always big guy who makes the mistake".

He went through severe mental stress for a period of 3 months. But somehow made a settlement.

SO NOT JUST POLITICIANS EVEN THE PEOPLE ARE CORRUPT.

[s_pphilip]

Originally Posted by prithm

I clearly see that there are no incriminating evidence against s_pphilip and that he has already appeared in court....

Thank you Prithm.
What if the opposite side fabricates evidence or witness as this is their turf, the only people I know are the VW Service Advisers and I am not sure which side they are on or doubt whether they will be willing.
I haven't appeared in court yet, I haven't got any summons, the FIR got filled on Jan 6th, I have given the authorization to the lawyer, I got my bail at the police station itself and the car was released after RTO inspection the same day.

[prithm]

50% of your hurdle is done with the bail. The rest 50% is getting them for a out of court settlement. To ease this, get the case shifted to Lok Adalat. This can be requested by you in next date.

Check with your lawyer about the strategy. Do not give in to his story of hate & revenge. That's nothing but to prolong the case. Ask him to close the case ASAP and be strict. Pay a "small" token amount to him to keep interested.

There are no incriminating evidence against you so he should not try to take advantage of this situation. Be firm. Also check your FIR for details.
Have they mentioned list of witnesses, photographic or documentary evidence, any investigations conducted onsite etc. These are crucial points and any mistake there will weaken case against you.

Most victims will turn hostile during cross examination. Its like rapid fire round and since many are actors, pulling them to court and making them feel uncomfortable in the witness box. Its an art of an experienced lawyer.

If need be shop for other lawyers, they are available like dime a dozen.

[s_pphilip]

Originally Posted by prithm

The rest 50% is getting them for a out of court settlement. To ease this, get the case shifted to Lok Adalat.

I will be visiting KL in a few days as I need to fix that Mitsubishi Lancer, I shall research on TBHP for suggestions, Lancer, not everyone has spares so need to find those who keep or can source.
I intend to meet the lawyer personally during this visit, I shall talk to him about the Lok Adalat option. I expect this to be another hectic trip, Kerala though narrow is a long state.

Even I am aiming for an out of court settlement though not hurriedly, I haven't spoken to the kid's dad ever since I left KL, maybe I shall visit them as well, my good friend's family is based in Kozhikode, this lawyer is their family friend, that's the best bet I could get, I can always turn to my friends family for some support.
This new year has multiplied the tasks at hand and I am finding myself busier by the day.

[prithm]

Originally Posted by s_pphilip

Even I am aiming for an out of court settlement though not hurriedly, I haven't spoken to the kid's dad ever since I left KL, maybe I shall visit them as well, my good friend's family is based in Kozhikode, this lawyer is their family friend, that's the best bet I could get, I can always turn to my friends family for some support.
This new year has multiplied the tasks at hand and I am finding myself busier by the day.

Do not visit them personally or anywhere else. All discussions should be done either within the court complex or in Lok Adalat mediation sessions.

They might record your conversations and later provide same as proof of your admission of guilt and trying to influence the party. Whenever you have discussion with opposite party, please make sure you speak clearly, mention dates clearly, and NEVER admit guilt. Tell them,

"Its not worth fighting in court for wrong reasons. Both of us know its waste of time and resources. Its by grace that the kid has survived his mistake, so lets take that as an opportunity to start everything on good will. I am willing to fight this case till the end and will not backdown since I have not committed any mistake anywhere. Infact I took him to hospital in my own car to save his life, but even that good will has been spoilt by lawyers and ill intended people. This will destroy the peace of mind for both of us, so lets settle the case out of court. Let me know how I can help the kid to get back to his normal life.".

Be specific in your talk. No admission what so ever. Be brave and breathe normally. Talk politely. Never get angry no matter what their tactics are. No emotions. Its your liberty at stake, so fight case on merits.

[atlantis0965]

Hello
Kindly just go through your post and check the speed you have said you were driving ! 65/70kmph?
Sir I agree you were probably driving much slower than you were probably on the highway but it would have been much more prudent had you slowed down further !
Agreed the boy was a jaywalker ; but that's the bane in our country ; we keep getting cars which can hit higher and higher speeds but don't get the roads to legally hit those speeds !
So far the highest legal speed limit I've seen on a highway is 120kmph and I've seen many people going well above that too!
In your case the only thing you probably did wrong was going above the speed limit ; I'd suggest you accept only that if the boy was jaywalking he/his family definitely should accept his guilt too !
Let the judge decide !
Good luck !

[s_pphilip]

Originally Posted by prithm

.... so fight case on merits.

Thank you Prithm for the detailed response. It takes time and energy to pursue such cases which is why I was shying away from going the official way, also the picture that Police Stations and Courts are unfriendly and unprofessional places, I definitely wanted to avoid these at all costs.

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.

Originally Posted by atlantis0965

Kindly just go through your post and check the speed you have said you were driving ! 65/70 kmph? .... Good luck !

Thank you Atlantis, it is not that I was on a short spin or joy ride, I don't want to boast or fall back on this statistic for support but just mentioning here, I may have driven about 2.5 lakh kms in India, and normally match my speed with most road users, of course the legal limits may be different, but I have noticed that speed limits are quite impractical at times, for instance in KL on NH17 there are portions where speed limit mentioned is 25km/hr, difficult to follow, why, I'll explain.

Driving on a two way road especially in places like KL is like being between a rock and a hard place, other road users constantly bully you if you drive slow as you hold following traffic who then pester you, you cant drive on the road shoulder as there are vehicles parked, people walking, etc, so you have to drive in the middle of the lane, and if you drive slower that following traffic, everyone while overtaking pushes you off the road shoulder.

Here its the buses, you have to constantly take evasive action, I narrowly missed running into a motorcycle earlier because a bus, in its haste to complete the overtaking where there was no opportunity present, pushed me off the road else my right mirror would not survive, now had something happened then, would the bus driver admit to guilt, no, I would be accused of crashing into a motorcyclist, of course I was slow and braked to a halt, with my heart in my mouth.

Hence you would normally want to drive at a speed most road users follow, (the other thing is these legal speed limits are sometimes hiding behind advertisement boards, shrubs, shops etc, if you keep playing hide and seek with them you'd definitely run over somebody, as you have to take your eyes of the road completely), in KL, (I am not sure whether you have been on the Kannur Kozhikode stretch, just asking for my clarity, of course not using this as an excuse to counter your advice), there are buses every 2 minutes, so you are constantly stressed.

I have driven to KL 6 times but most times I try to pass through at night to avoid these maniac buses, here I had to get across those 900 kms in a day, again this does not mean I was stretching myself too far, I often do these kind of distance in a days travel, continuous driving, I got to Manali in 3 days, I do Goa Vadodara in about 13 hours, solely because of the excellent road infrastructure and traffic sense (I wonder what is so different in GJ, is it just the roads).

[Captain Haddock]

Mr Philip, sorry to hear about the mishap. You should really thank skoda's engineers for they have taken pedestrian safety into consideration. I have seen people using rigid crash guards on cars especially suvs, one good hit and the pedestrian would be killed.

Driving in Kerala is a daunting task. High traffic density and private buses running amok means sooner or later most Malayalees will face similar situations for no fault of theirs.

[atlantis0965]

Originally Posted by s_pphilip

Thank you Atlantis, it is not that I was on a short spin or joy ride, I don't want to boast or fall back on this statistic for support but just mentioning here, I may have driven about 2.5 lakh kms in India, and normally match my speed with most road users, of course the legal limits may be different, but I have noticed that speed limits are quite impractical at times, for instance in KL on NH17 there are portions where speed limit mentioned is 25km/hr, difficult to follow, why, I'll explain.

Driving on a two way road especially in places like KL is like being between a rock and a hard place, other road users constantly bully you if you drive slow as you hold following traffic who then pester you, you cant drive on the road shoulder as there are vehicles parked, people walking, etc, so you have to drive in the middle of the lane, and if you drive slower that following traffic, everyone while overtaking pushes you off the road shoulder.

Here its the buses, you have to constantly take evasive action, I narrowly missed running into a motorcycle earlier because a bus, in its haste to complete the overtaking where there was no opportunity present, pushed me off the road else my right mirror would not survive, now had something happened then, would the bus driver admit to guilt, no, I would be accused of crashing into a motorcyclist, of course I was slow and braked to a halt, with my heart in my mouth.

Hence you would normally want to drive at a speed most road users follow, (the other thing is these legal speed limits are sometimes hiding behind advertisement boards, shrubs, shops etc, if you keep playing hide and seek with them you'd definitely run over somebody, as you have to take your eyes of the road completely), in KL, (I am not sure whether you have been on the Kannur Kozhikode stretch, just asking for my clarity, of course not using this as an excuse to counter your advice), there are buses every 2 minutes, so you are constantly stressed.

I have driven to KL 6 times but most times I try to pass through at night to avoid these maniac buses, here I had to get across those 900 kms in a day, again this does not mean I was stretching myself too far, I often do these kind of distance in a days travel, continuous driving, I got to Manali in 3 days, I do Goa Vadodara in about 13 hours, solely because of the excellent road infrastructure and traffic sense (I wonder what is so different in GJ, is it just the roads).

Sir
I was not really trying to advice you; I completely understand the scenario you are trying to explain ; I am sure many of us have or rather are going through such roads in many other parts of our country.
I was just trying to get your attention to the speed you were mentioning since you said you were considering legal action.In a court that will definitely go against you.
While people on this forum might understand what made you drive at that speed you did ,a judge in a court won’t .Of course unless you admit it yourself there will be not be any way to prove you were really doing that speed!
You and that boy/his family will just have to settle this amicably and get it over with and be thankful that everyone is still alive and kicking
Wish you good luck!

[deathwalkr]

Originally Posted by s_pphilip

Thank you Atlantis, it is not that I was on a...

er sorry if this was mentioned earlier. but the accident spot is on a national highway right? if yes then 65/70kmph is fair enough i assume.

[s_pphilip]

Originally Posted by atlantis0965

Sir
I was not really trying to advice you; ....

Please don't take this the other way, I was just trying my best to explain, maybe I over did it, also please don't refer to me as Sir, its apt for the experts here, I am no expert, we are all friends lurking on TBHP, may be you could be senior to me as well, in fact I request my colleagues as well to refrain referring to me as Sir, it builds layers between us.
I value what you had to share here, thank you.

Originally Posted by deathwalkr

.... if yes then 65/70kmph is fair enough i assume.

Yes it was on NH 17 (National Highway/Edapally Panvel Highway), but I am not sure whether this is in Kozhikode city limits, our road signs are not the easiest to decipher and are unscientific.
As Atlantis remarked earlier, I am not sure what the legal limit is, its another thing that these limits practically speaking may be difficult to follow.

I am hoping for the best, I thank one and all who chipped in on TBHP for helping me with the clarity I needed.

This is a slow process, my advocate said it may be a good 4 to 6 months before I receive the summons, meantime if possible let me see if the parents oblige for an out of court settlement in the presence of the advocate, ever since I left KL I haven't spoken to the parents, I didn't have the necessary clarity on how to approach, now that I have it thanks to all here, I shall take the necessary steps.

I shall keep updating this thread regularly so it helps millions like me out there who may face similar predicaments (I don't see Indian driving conditions getting better anytime soon irrespective of what decision makers implement).

Meantime my car is slowly being nursed to good health, spares are on its way. Thank fully Skoda showrooms now offers over the counter spares.

I checked TBHP but didn't find recommendations on where I can source Lancer spares in KL, near Cochin/Mavelikara. I have to go to KL to drop this car back but before that I need to fix it.

[rajeev k]

There is a shop that sells spares for all new generation cars, near Modern Bakeries at high school junction in.Edappally, Kochi.
For service requirements Mustang Motors in bypass is an option.

[s_pphilip]

Originally Posted by Captain Haddock

... You should really thank skoda's engineers for they have taken pedestrian safety into consideration....

Yes I think Skoda, Honda etc have excellent pedestrian safety standards, there are others here who could throw more light.

When I saw the motionless kid try to stand on his feet the next minute, I fell in love with Skoda again, sensible cars only ruined by ASS standards.

Originally Posted by rajeev k

There is a shop that sells spares for all new generation cars....

I hope this includes a 15 year old Lancer as well, I expect time crunch so look for one stop shops.

[rajeev k]

Google Mudtang Motors for telephone.number.
They have stock of spares too. My friend who own an old Lancer takes his car there for repairs.