[Wheeliej]

Having faced this situation twice now when my car was damaged and the persons perpetrating the damage, one highly educated techie/ scientist with a doctor wife and another a Stupid truck driver both refusing to take any responsibility for it, file a police complaint and pay thru insurance / your nose. Sorry, but that is the sad state of affairs in india. Police will be very polite and help you with the FIR and surveyor etc and give you a loss report, but won't do anything to force the perpetrator into paying you won't even impound his license. Feel very sorry for you and your car, considering that it s new and you had maintained it well. The senior citizen may get a better response and they might arrest this conductor for causing him injuries and driving without a license. It is very very frustrating when the educated people avoid their responsibility. It is right that the car owner is vicariously responsible and should use his insurance to settle your claim, so that you don't pay the extra amount from your pocket nor lose out on your no claim bonus, but you will be saving yourself a lot of headache if you take the path of least resistance. Your car is new, so your portion of loss will be low, though even that might work out to around 30k. Pls check if there is any structural damage though. That would be a concern looking at the pictures. The service centres are great and will make your car as good as new, but you will be without a car for at least a month or two. Contact your insurance agent and start the process after registering a police complaint. If the loss is more than a lakh, the insurance will want to see a police complaint.

[Nonstop-driver]

Originally Posted by palash987

Thanks Nonstop-driver
The owner is acting up very smart though.
Amit kumar has a driving license (he himself told us) but according to owner he (amit kumar) doesn't know how to drive.
We have filed an FIR on Sunday, 03rd february 2013.

If possible, get this recorded on video somehow. This would make your case more strong as the person (Amit) would appear to have a fake DL, or at least acquired without passing a driving test!

[KnightRider77]

In any situation like this, your first step would be to go to the police and register a complaint. Everything else (for better or for worse) will follow. Since a senior citizen was injured as well I believe there is enough evidence for a complaint of rash driving as well. You already have photos and witnesses to back your claim.

[Enigmatic]

Originally Posted by palash987

Kindly update the Hit and Run part too.
Specially, because:
The owner is of the wording "Do whatever you can, i will not owe up the responsibility nor i will compensate for the damages. Get your work done with your insurance or your own money."
Now he is not showing up too.

Hi once again palash, hope you are doing well. Sorry for the delay.

Its sad to know about the attitude of the owner of "HORIZON MODEL SCHOOL" since Mr.Amit Kumar and the said owner have already accepted the happenings of the incident. However let it be known that this attitude of his will only cause him further trouble.

About the Hit and run part, one can approach the court under the following provisions of two different acts:-

1)The Motor Vehicles Act 1988 :-

This will provide you with all the arsenal you need to handle this case .

Section 134 (Duty of driver in case of accident and injury to a person) of the aforesaid act states as under, "kindly note the underlined part" :

When any person is injured or any property of a third party is damaged, as a result of an accident in which a motor vehicle is involved, the driver of the vehicle or other person in charge of the vehicle shall -

(a) unless it is not practicable to do so on account of mob fury or any other reason beyond his control, take all reasonable steps to secure medical attention for the injured person, (by conveying him to the nearest medical practitioner or hospital, and it shall be the duty of every registered medical practitioner or the doctor on the duty in the hospital immediately to attend to the injured person and render medical aid or treatment without waiting for any procedural formalities), unless the injured person or his guardian, in case he is a minor, desires otherwise;

(b) give on demand by a police officer any information required by him, or, if no police officer is present, report the circumstances of the occurrence, including the circumstances, if any, for not taking reasonable steps to secure medical attention as required under clause (a), at the nearest police station as soon as possible, and in any case within twenty-four hours of the occurrence;

(c) give the following information in writing to the insurer, who has issued the certificates of insurance, about the occurrence of the accident, namely:-

(i) insurance policy number and period of its validity;

(ii) date, time and place of accident;

(iii) particulars of the persons injured or killed in the accident;

(iv) name of the driver and the particulars of his driving licence.


Hence if you go by the above provisions of Motor Vehicles Act,1988 it clearly states that the person to whom the car belongs has to inform the police official's about any such accident in which the property of a third party has been damaged within 24 hours of its occurrence. If he has not informed the police himself , he would have to provide all such information when the police questions him.

Since you have already filled an FIR, he falls under the gambit of this rule. I am sure that he has not communicated the happenings of that day to the police officials and hence when the police turns up he will have to disclose all the information. This would mean that you can also extract his Insurance policy details and deal with the insurance company on you own. However to speed up this procedure of the investigation starting, the following procedures will help you out.

2)The above is applicable under the Motor Vehicles Act, however you can also seek remedy under the Indian Penal Code, 1860 .

Section 279( Rash driving or riding on a public way) says :-

Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

This provision although is extremely necessary, however will be of less use to you as the compensation provided is of less value.(However, do not rule out this provision)

The reason why this provision will come in handy is because although it might not cause any impact on the owner of the Innova, it will certainly have an impact on Mr.Amit Kumar. And why an impact on Mr.Amit Kumar is required is because:-

The conversation that you have had with the owner of the Innova and Mr.Kumar has been verbal and unless and untill you have something in written, all your conversations will be hear-say which will have no evidentiary value in a court of law. Hence the impact of section 279 of IPC on the driver i.e. Mr. Amit Kumar is essential because he will be threatened to be imprisoned for 6 months and using this you can make him confess the happenings of the same incident in front of the police official who has written your FIR. (Recall from the above paragraph, this would speed up the investigation and after his confession has been heard by the officials, they can proceed to question the owner of the vehicle)

It is good that you have taken lots of photographs and have also filed an FIR, however filing an FIR will not really make the case proceed at a faster pace. You will have to go to the Police station repeatedly untill and unless the investigation starts, as I have mentioned above you can obviously speed up the investigation by taking Mr. Amit Kumar to the police station and making him confess about the happenings.

It is sad that the senior citizen who was hurt by Mr.Kumar prior to making you suffer irreparable damage is not willing to take up the case. But well one cant really blame him, after all our legal system isn't really hidden behind curtains, however you should still try to persuade him to let you fight on his behalf .

In the end, as i have said before BE STRONG. If the school owner says "do what ever you can" then go ahead and DO IT. Get a legal notice issued to him, go to the police station every day till your case is heard and make him repent for saying the same. But not and I say this again NOT in a physical manner because the utmost condition to approach the court is that you should approach it with clean hands. Remember that you had bought your vehicle from your hard earned money. Its your RIGHT fight for it the RIGHT way.

[palash987]

Monday, 4th February 2013:

Called up the insurance person of the Insurance Company. (Ours is a comprehensive insurance).
The person gave us a number upon explaining the whole incident.
Rung the number.

Me: Hello, Am i talking to Mr. ___?
Mr.: Hello. How may i assist you sir. ?
Me: Explained again the whole incident.
Mr.: Don't worry sir. We would send a crane to lift the car up and tow it to our body-shop.
Upon car reaching the body-shop,
We will then carry out the inspection, and give you an estimate after the full survey of the car.
Me: Thanks. Sir, i would like to inform you that we have lodged a complaint in the police station but have not yet received the Diary number.
Mr: No problem sir, call me back when you receive it so that we can proceed further.
Me: Okay. Thanks a lot sir.


Tuesday, 5th February 2013:

Dad went to the police station to collect the Diary number.

Called up Mr.__ at noon.
Me: Good noon sir. Sir we talked yesterday regarding a white swift vdi.
Mr: Good noon. Yes.
Me: Sir, when would crane reach us.?
Mr.: Sir, kindly confirm me your address and i will call back in 15 minutes regarding the status of the crane.
Me: Confirmed the address. Sure sir, take your time. Thanks.

After 15 minutes:

Me: Hello, Mr.__. When would crane reach us?
Mr: Sir, i will call back in 5 minutes.

After 10 minutes:

Me: Hello, Mr.__ Kindly update us on the status of the crane.
Mr: Sir, the crane would reach your place in 20-25 minutes.
Me: Okay. What would the paper formalities be like.? (What all documents should i carry with me.?)

Mr: Sir, you would need the following:
1) Driving License (original and photocopy)
2) RC (Original and photocopy)
3) FIR (Receiving and photocopy) along with Diary number
4) Insurance policy

Me: Okay. Thanks a lot.

Organized all the papers in place in the meantime.

After 30 minutes later (approx.)

The crane arrived.








Now,
The situation was like this.

There is a car in front of my car.
My car was almost touching wall on the left.
Luckily there wasn't any car parked at the back of my car.

The crane guys were puzzled and were cent percent sure that,
if they pull the car from the back,
it would be more harmful as the front wheels were non operational and the wheels were fully turned
(possibility of more damage to the left due to wall)

But, we had no other option.
The car in the front was standing there as it is for a few months now with fully deflated tires.
Even if we were able to make out to whom it belong to it couldn't be moved.

Finally,
They took the bold step.
They hooked the cables at the rear.



The person engaged the handbrake so that wheels are dragged and will not move as it would turn the car further.

The initial pull was powerful and significant enough, the car literally flied from spot A to spot B and didn't hit the wall on the left.




Then,
They pulled it inch by inch and the car came out as it is.

Though i skipped an heartbeat seeing the scene.



















After sufficient space was there in the front for them to tow i used sign language to tell him to STOP.! as the roar of the truck engine hardly makes your voice audible.

He stopped.

The helper unhook the rear.

Now, the crane came in front of the car.

[palash987]

After much labor he was able to make out how to make it up in such a manner so that the front tires are not damaged (as one wheel was fully turned while the other was full straight)





The main rod with significant width went under the middle of the bumper and gave it a minor bump.



I was like..
Couldn't explain how i felt.

As all the crucial parts are located there (underneath) and that big rod was sufficient enough to make things worse.

Then,
The wheels were tied and all checks done.



Finally, the helper gave a "Go-Ahead""Thumbs-up" to the crane driver.



Dis-engaged the Hand-brake.
The rear wheels were moving freely.

So, after all this, the truck was ready to leave.



We followed the truck (crane) to the body-shop.

The Rain Gods blessed us that day.
The roads were full of mud and water.



We reached the body-shop.

Now, the car was parked on side of the road for 10-12 minutes (still attached to the tow-truck) as another truck was there on the Main gate of the body-shop.



In the meantime,
The person driving the tow truck came and handed me a slip.
I filled out the details.
And signed.

The driver told us that we have another call and we got to leave and the helper started untying the belt from the wheels.

We requested and he obliged.

Soon, the other truck cleared the way.

The car was then parked in the body-shop (by the tow truck).






and after taking the charge (Rs.1000) he left.



The car at the Body-shop parking :




At the Body-shop:

Me: Good-Afternoon Sir. The swift is parked outside.
Mr: Good Afternoon sir, come let's have a look.
Me: Sure Sir.

We went at the parked place.




Mr.: Quite a bad hit sir.
Me: Yes sir, and that too with no fault of mine.
Mr.: Let's complete the paper formalities first.
Me: Sure sir.

In we went into the office area.

Mr: Kindly show me the documents of the car.
Me: Presenting them in order.
Mr: Sir, have a seat. We will call you in 5 minutes.
Me: No problem sir, take your time.

In the meantime, we were offered tea.

Mr: Sir, kindly fill up the form.
Me: Filling out all the details and signing.
Mr: Sir, we would inform you the quote once survey has been done.
Me: Thanks a lot sir and bid good bye.

Took a final Glance of the Swift and left.

[palash987]

Originally Posted by NMS

When you say he is not answering his phone, who is trying to call him? Police or you?
Has the Innova been impounded ? AFAIK that's how it should be done.

Thanks sir.
When we went to the police station, the police officer there told us, call the number of the innova owner, we (police) will speak to him.
We tried but the owner did not pick up the phone.

No, the innova has not been impounded as of Tuesday, 05 February 2013.
I know this because when my swift was being towed, the same vehicle , yes the innova DL4CAE2183, passed us with full of school children of "Horizon Model School."

On seeing me taking the photographs he raced off in hurry.
Still got 2 photographs.




1) They (owner) are running a school in a residential area.
2) They are using society parks as there student's games period and PT and morning prayer.
3) They are ferrying school kids in a private vehicle (innova).
4) They are parking full fledged 2 buses in the residential society.

Originally Posted by Naturalist

Please lodge a complaint asap as others mentioned and everything will be taken care by cops.

Thanks Naturalist sir.
We have filed an FIR on Sunday, 03rd february 2013.

Originally Posted by Wheeliej

Having faced this situation twice, file a police complaint and pay thru insurance / your nose. Sorry, but that is the sad state of affairs in india.

The senior citizen may get a better response and they might arrest this conductor for causing him injuries and driving without a license.
It is right that the car owner is vicariously responsible and should use his insurance to settle your claim, so that you don't pay the extra amount from your pocket nor lose out on your no claim bonus, but you will be saving yourself a lot of headache if you take the path of least resistance.
Pls check if there is any structural damage though. That would be a concern looking at the pictures.
Contact your insurance agent and start the process after registering a police complaint. If the loss is more than a lakh, the insurance will want to see a police complaint.

Thanks Wheeliej Sir.
Sorry to hear that you faced such incidents twice.
We have filed an FIR on Sunday, 03rd february 2013.
We contacted our insurance company on 04 February 2013 (Details) and 05 February 2013.

The conductor has a driving license but according to owner of the innova conductor (AMIT KUMAR) does not know how to drive a car.

We will get the report (structure damage) tomorrow and the estimate too.

Originally Posted by Nonstop-driver

If possible, get this recorded on video somehow. This would make your case more strong as the person (Amit) would appear to have a fake DL, or at least acquired without passing a driving test!

Thanks sir.
He confessed the same in front of us.(dad,mom and me)
Will try to get it recorded.

Originally Posted by KnightRider77

In any situation like this, your first step would be to go to the police and register a complaint. Everything else (for better or for worse) will follow. Since a senior citizen was injured as well I believe there is enough evidence for a complaint of rash driving as well. You already have photos and witnesses to back your claim.

Thanks KnightRider77 sir.
We have filed an FIR on Sunday, 03rd february 2013.

Originally Posted by Enigmatic

Hi once again palash, hope you are doing well. Sorry for the delay...

Thanks a lot sir.
Will try my level best to follow each and every sentence of yours.
Thanks a lot for the utmost valuable information you shared with us and all.
Your advice has been an inspiration for me to continue, till we get justice.
Will get the estimate tomorrow.

Note from the Team-BHP Support: Please quote ONLY the relevant bits of a post. Quoting an entire long message inconveniences our mobile users.

[MetalBuff]

^^ Man, the car really seems to have taken a hit. Looks battered.

So, since, the car was towed away on the 4th, have you heard back from them, yet? What's the estimate? Thanks.

-Shivang Gandotra

[hrman]

Very sorry for what happened. I can understand you have been shattered and anguished by the episode, but just a request. Try to post only a few of the relevant pics. So many pictures in one post make it difficult to read the matter on the pc and the phone. And do edit them before posting. Many of the pictures are turned 90 degrees.

Am sure seeing all these pictures again and again only makes you re-live what you went through. Don't get me wrong, I'm not for a minute discounting what happened to you. I hope that the Innova owner is made to pay for his mistake.

Just thought since you are new to the forum, you should be aware of this thats all.

[palash987]

Originally Posted by MetalBuff

So, since, the car was towed away on the 4th, have you heard back from them, yet? What's the estimate? Thanks.
-Shivang Gandotra

Thanks Shivang Sir.
They have given a rough estimate of 1 lac +.

Originally Posted by hrman

Very sorry for what happened. I can understand you have been shattered and anguished by the episode,

Just thought since you are new to the forum, you should be aware of this thats all.

Thanks hrman Sir.
Will take care of the same in future posts.

[mac187]

Please note that if your car is less than 6 months old you will get 100% claims for all metal parts. Also, if you insurance has the bumper to bumper clause, it would really help.

Is the same guy (Amit) ferrying the kids? If he can't drive how can the lives of kids be risked like this?

[pganapathy]

Oh man, your car looks in bad shape. So sorry for your loss and the whole incident.

Obviously the indica parked in front of your car also got hit but since you can't find the owner, you can't include him in the whole situation. Obviously the more people in the case against the owner of the innova, the more effort the police will make. I understand the senior citizen not wanting to go through the hassle, but I wonder who is paying his medical bills. Am guessing he may have reached an out of court settlement with the innova owner.

Good luck with the whole case

[Jignesh]

Hello Palash,

Sorry to read about the incident & yes sorry is the state of affiars in this country (owner of the car not owning responsibility, private vehicle ferrying school students, etc). As much has been said about the complaint process so I will not repeat the same.

Good to see that your car was towed to service station professionally & I believe there was no further damage to the Car. But please note that Insurance claims are only approved for damages arising out of the accident. I mean for any subsequent damages, legally Insurance company is not liable to pay. Also if accident date is within six months of taking the Insurance policy for new car, you are eligible for 100% claim. Otherwise there will be some depreciation on plastic & metal parts. The denting, painting & labour charges are fully reimbursed.

Do let us know the lastest situation in dealing with service center, insurance company, police & owner of Innova.

Thanks,

[k2max6]

^^^The car is older than 6 months. Painting charges are not covered fully but have a 10-25% depreciation.

Recently there were stories in HT and TOI about these kind of cabs. If someone had any links in one of these newspapers they could cover this story. And Highlight how the police is silent as always.

Actually the problem with this case is that no one died. If it would have been so the police would have taken strict action.

Just to highlight the plight of affairs.I don't mean someone to die.

The police doesn't do anything in these cases and eventually some one dies and then there is a lot off commotion.

Recently there was a case in delhi when a driver/car cleaner took off the owner's innova without the owners knowledge and 2 people were killed.

I would suggest if someone can write the complete story along with the FIR no. and share it on facebook via TeamBHP we can all share it further . Might cause pressure on the police to act.
Innova is already breaking the laws by ferrying school children. We can get it impounded atleast.

I would also suggest if you could make a video of the innova ferrying the school children with the registration number clearly visible.

[palash987]

Thanks all for the concern.


UPDATE:

We withdrew our complaint since owner took the responsibility of "Amit
Kumar's" Act after my uncle used his sources.

Our insurance company is paying for the repair and a partly sum is being paid by him.

Despite no fault of ours,
we are losing out NCB as well as our premium would increase.
We are to bear the loss on this front too.

The car is still in the workshop.
Let's hope we get it back soon.