[NetfreakBombay]

Originally Posted by apachelongbow

What is so upper class in this? Which tanker driver/autorickshaw driver/bus driver, dumper truck driver, who was drunk, rash hooligan, killed people, damaged property gone behind bars? Are these low lives upper class?

Quick search on mid-day gives these results where drivers were not only arrested but also charged with "causing death due to negligence"

http://www.mid-day.com/news/2013/jun...ter-tanker.htm

http://www.mid-day.com/news/2013/oct...-at-turbhe.htm

http://www.mid-day.com/news/2013/jul...ke-kills-1.htm

[apachelongbow]

Originally Posted by NetfreakBombay

Quick search on mid-day gives these results where drivers were not only arrested but also charged with "causing death due to negligence"

http://www.mid-day.com/news/2013/jun...ter-tanker.htm

http://www.mid-day.com/news/2013/oct...-at-turbhe.htm

http://www.mid-day.com/news/2013/jul...ke-kills-1.htm

Thank you for showing us an encouraging picture. At least it is a positive start, although I am not sure if these arrests will result in conviction and actual jail time, considering how slow the legal process is and how corrupt it is. Also good to know that mid day is publishing these

[honeybee]

Originally Posted by VeyronSuperSprt

(1) Who, in this forum, will, even if at fault, compensate the other parties with upgrades?

Everyone will, at the most, agree to repair the car or agree to shell out only the differential between what the insurance company pays and the actual bill. So what would the people who are talking about "injustice" do? Buy the other party 4 cars?

(2) If you or your son were in a similar situation, (a)would you not try and ensure that the media gave the subject as little coverage as possible?(if you could) and (b) would you not do all within your means so that the police do not have a field day taking you or your son to task?

Answer these questions and you will have the answer to the current scenario too.

If the compensation had been paid along the course of justice it wouldn't attract so much criticism. Here the manner in which it has been given suggests it is unlawful. Why hasn't any Reliance Ports spokesperson come out and accepted the blame and confirmed the so called compensation? Why are the victims not claiming it as the rightful compensation?

At present it is only a bribe.

And proxies only work in shareholder meetings. They are disallowed even for board exams, forget about crimes.

This proxy business reminds me of the mafia stories, as a matter of fact.

[tsk1979]

I would put forward another question. Why should there be any media reporting for this minor thing at all?
If law is equal, first 372 new reports every day should be there for those killed.
This accident where no one died is just a statistic in the 446000 which take place every year.

[NetfreakBombay]

Originally Posted by tsk1979

I would put forward another question. Why should there be any media reporting for this minor thing at all?

1. Accident is not newsworthy.
2. Obstruction of justice and misrepresentation of facts is.

If they had accepted the facts + paid the fine, this would not be out of ordinary. This would not even appear on records (E.g: Police verification for IAS, or Arms License).

[tsk1979]

Originally Posted by NetfreakBombay

1. Accident is not newsworthy.
2. Obstruction of justice and misrepresentation of facts is.

If they had accepted the facts + paid the fine, this would not be out of ordinary. This would not even appear on records (E.g: Police verification for IAS, or Arms License).

But the same obstruction of justice, misrepresentation of facts, etc., happens a hundred times a day on our roads. All of it goes un-reported. But when a car is involved, its deemed to be newsworthy. If its a very expensive car, suddenly its even more newsworthy.
And we do not even know how much misrepresentation is here. Often there are shunts, people pay each other. For example an idiot jumped the red light, swiped the bumper, and paid me 500rs. No news crew reached there, and nobody arrested the guy.
Such things happen 100 times on our roads within a small area every day. Just because its an Aston martin, does not mean it has to be news worthy.
The 350+ who die every day don't even get a mention, and there is far greater travesty of justice there.

[Chetan_Rao]

'Much worse happens everyday without any hue & cry' is a slippery slope from which there's no return, because for every crime committed, big or small, there's always something worse to refer to.

Then, if 'prosecute everything else similar before you ask questions about this' is the prerequisite to question anything, then we might as well bypass our legal & investigative systems and turn into an 'every man for himself' society. Wait, we already have in a sense, haven't we?

MODS: This thread was derailed within the first few posts, and doesn't look like getting back on-track. I created it to discuss the media's lack of response to this incident and the subsequent withdrawal/alteration of reports already posted. Given their propensity to blow up the most trivial of non-issues, I found the media silence on this very surprising. As posted in my OP, I DID NOT intend this thread to be a mud-slinging session at the 'alleged' rich people involved, which the thread has unfortunately turned into. Please consider closing it if appropriate. Either way, my last post on this one.

Thanks!

[Wheeliej]

Originally Posted by carboy

Depends on how much the cost of the upgrade is as a percentage of my net worth. For eg, if I accidentally break somebody else's pencil, I would magnanimously decide to give him 2 new pencils instead of compensating him for repairing the broken pencil.

This is exactly what is wrong in the mindset (no offence carboy; just highlighting). If someone has caused an accident, they should pay up. Everyone has insurance. Why not offer to use your insurance so that the other party is fully compensated? Why link it to your net worth? Is your insurance more than your net worth? How about being nice to the victim? In India unless you are a muscleman there is no way you can recover anything. Does this occur in any other country? I doubt it. If you cause an accident there will be many people advising you how to get away from your responsibilities, rather than telling you how to meet them. It is our mindset, that's all.

My experience has been exactly so. Two times - one rich successful scientist (with a doctor wife) working in a mnc (flatly refused) and another time a truck driver and his master (try talking to a rogue in an unfamiliar language over the phone). The truck driver has nothing to lose anyways. The police didn't even bother - not even when I filed a s420 complaint against the scientist thereafter. Not a single paise was paid up. People use all kinds of excuses / reasons to avoid paying, will just not pick up your call, and will even laugh at your face. There are plenty of such examples peppered in this forum. Hence I can't understand the fuss over this particular accident.

if the victims in this high profile case have been compensated (and asked to shut up), there is at least no loss / heartache.

Our policing system is understaffed and overworked trying to solve everything between petty theft to murder to terrorism in between 'protecting' the politicians. Do you really think they will pursue this case when the complainants are themselves unwilling to co-operate?

Yes, DUI is a problem and the police are more proactive about checking that during month ends/festivals when quotas have to be met. Hopefully it will be so remunerative they will make it a full time exercise.

[NetfreakBombay]

Originally Posted by tsk1979

idiot jumped the red light, swiped the bumper, and paid me 500rs. No news crew reached there, and nobody arrested the guy.

No one was arrested since nothing illegal was done. Settlement was between two parties, and since this offense (Running a traffic light) is under section 177, police complaint or FIR is not required.

Had you complained to police, that drive will have to pay a fine of 100 or 300 Rupees to police itself (court will not be involved) . I.e. this offense is compoundable.

If, that driver chose to "Obstruct" justice by:

1. Claiming car was being driven by someone else
2. Makes someone else appear to take the blame

This becomes a "criminal" case.

[carboy]

Originally Posted by Wheeliej

This is exactly what is wrong in the mindset (no offence carboy; just highlighting). If someone has caused an accident, they should pay up.

Huh? The question I answered asked about paying up by giving upgrades. I am not sure what that has to do with what you have written. Are you saying it's a wrong mindset to not give upgrades in case you hit someone's car in an accident?

[tsk1979]

Originally Posted by NetfreakBombay

No one was arrested since nothing illegal was done. Settlement was between two parties, and since this offense (Running a traffic light) is under section 177, police complaint or FIR is not required.

Had you complained to police, that drive will have to pay a fine of 100 or 300 Rupees to police itself (court will not be involved) . I.e. this offense is compoundable.

If, that driver chose to "Obstruct" justice by:

1. Claiming car was being driven by someone else
2. Makes someone else appear to take the blame

This becomes a "criminal" case.

The facts in this case are murky. Are the injured parties whose car got damaged complaining to police?
If they are I fully agree with you.
If other parties, (social media, newspapers etc.,) are complaining in a case where no lives were lost then its just too much hoopla.

What is the update.
Were the drivers of the damaged cars compensated?
Are they pressing charges?
I would like to know please.

[NetfreakBombay]

Originally Posted by tsk1979

The facts in this case are murky. Are the injured parties whose car got damaged complaining to police?

Yes. FIR was filed in few hours. In the statement to police (precursor to FIR), following is mentioned by driver of Audi:

Fourth, the driver of the Audi, 25-year-old Ruparel recorded a statement saying the man at the wheel of the Audi, whom she saw weaving through traffic at high speed before he hit her via her rear view mirror, was a young man.

http://in.news.yahoo.com/aston-marti...060911470.html

Originally Posted by tsk1979

Were the drivers of the damaged cars compensated?
Are they pressing charges?

They were compensated. However, charges (FIR) were already in place by then.

Now, they cant take it back since stringent sections (279, 337) are involved and these are not "compoundable". Had the driver not fled the scene, this would have been a simple civil matter between two parties.

The offence of rash driving under section 279 is not compoundable under the law. It means a compromise between the complainant and the accused is not permitted, lawyers said.

The offence under section 337 for 'causing hurt to a person by a rash act' is compoundable and can be settled at the behest of the person hurt, but only with court permission.

Once the police register an FIR — as was done in this case as both sections are cognizable — it has to investigate and file a chargesheet if there is evidence of offence or file a closure report if there is no evidence or if the allegations are false, said legal experts.

Some criminal offences can be settled or compromised between the victim and the accused with the permission of the court. In such cases too, the application must be made before the court and a complainant has no power to withdraw an FIR. It is for the court to grant permission to settle the case and allow acquittal of the accused. Though the offence of rash driving cannot be "settled", the courts have the power to quash the offence. Here, the accused would need to file an application before the court.

http://articles.timesofindia.indiati...uparel-offence

[Hatari]

Let me put it this way..

If India's most powerful business man cannot keep his son (if he was indeed driving) out of prison for something like this, then frankly it is an insult to him.

Is it 'right'?. Ofcourse not. But lets not live in the world of make believe.

[apachelongbow]

Firstly, no one goes to prison because he damages other cars, or public property. This is precisely what is called an accident. And since there is no loss of life, there is no criminal charges, period.
Now why did the Ambani's pay up? That is the correct question to ask. If Jr Ambani was driving, and he didn't have a valid license, was drunk, didn't carry his papers then the issue would have got sticky, the exact reasons we may never know.

The issue of compensation is a personal one. If two parties settle out of court, as long as there is no public property damage or some one is killed, they can get away by doing so. Some over zealous idiot in the government made a statement that the lady in concern can't withdraw her complaint, which IMO is pure bullshit!!! This is how everyone behaves in India, if the rich and famous are involved, they sprout any idiotic stuff which comes out of their mouth, hoping to get their 2 mins of fame!

If Reliance were in the right side of the law, they shouldn't have paid a single paisa. The Skoda lady would have claimed from her insurance, that is what the law actually says.

[mints21]

The whole issue came to limelight only because of Aston Martin's involvement along with the junior Ambani. Otherwise, many such accidents happen on the roads these days and hardly do they get reported. If two parties are willing to settle their dispute out of court no one can stop them.

If at all Ambani's have compensated them, this only reflects their resolve to close the issue at the earliest and move on. Jr. Ambani would have learnt a lesson by now and I am sure given the prestige and image associated he would not repeat such a thing ever again.