Team-BHP > Street Experiences


Reply
  Search this Thread
9,456 views
Old 14th July 2007, 10:50   #16
BANNED
 
Join Date: Jun 2007
Location: Kochi
Posts: 2,522
Thanked: 751 Times

Quote:
Originally Posted by 1100D View Post
Which means he has to physically Go to the MACT after pleading guilty in the Criminal court?
No. Personal appearance in MACT is not required.

Quote:
Originally Posted by 1100D View Post
Showing the summon and saying I have plead guilty for the incident and I want the insurance company to compensate any claim.
Hmm.. this certainly is a tricky area. That is where you really need a lawyer. All I can say at the moment is this:-
"simply becuse you pleaded guilty in criminal proceedings does not mean that you will be held responsible in MACT claim".
Also remember that even if you are held responsible in the MACT claim, and the MACT decision is because you pleaded guilty in criminal proceedings, the insurance company IS bound to honour the policy and pay up.
So, the factors to be taken into consideration really are -
  1. Do I have a valid insurance policy?
  2. Are all conditions of the policy satisfied (like does the driver have a valid license?)
If both are answered yes, you can save money and time and plead guilty.
Of course, you can stick to principles and plead innocence. That is the right thing to do, but do not count on the judges of courts to have the patience to go through a long drawn evidentiary process.
The reason is quite simple - a judge disposes about 4000 cases in a year of 240 working days. That means a judge has to decide on 16 cases in a day.
A working day is 7 hours. Your judge will get about 26 minutes to decide on your case. This assumes a working day is 10 to 5, without break. Actual sitting is from 11 to 5, with breaks of 1 1/2 hours in between, and on most days, lasts only till 4. That means your case gets less than 15 minutes. Effectively.
And I am not joking. I have data to back up my claim.
BaCkSeAtDrIVeR is offline  
Old 14th July 2007, 11:08   #17
BHPian
 
Join Date: Jan 2006
Location: Mumbai
Posts: 188
Thanked: 84 Times

Don't worry shabeeth !! You'll be ok .
Mistakenguy is offline  
Old 14th July 2007, 11:41   #18
BHPian
 
nikkibike's Avatar
 
Join Date: May 2006
Location: QoAS
Posts: 526
Thanked: 4 Times
Why do you worry so much?! Be happy...

OK!! So your concern is on the court orders eh?! Be realistic man!! This can happen to each and everybocy who uses the road.... and NO court can just put you 'inside' for a simple 'road accident'!! Well.... its a differant case if the accident is puposefully and consiously created!! In your case its just another accident happened "only due to certain genuine reasons" you have already mentioned!
Well.... long back in 1997 I too was slapped with a '307' case for a similar issue! In short, Murder attempt!! I walked out 'just like that' out of it and all those who conspired it have had thier life time 'share' from me too!! I only had a good advocate. Leave that!! Here, what I was highlighting is the differance between 337 and 307!! So relax..... those days are gone!! NOBODY can disturb your life 'just' like that!

Drive on.... safely!
nikkibike is offline  
Old 14th July 2007, 12:05   #19
Senior - BHPian
 
spadival's Avatar
 
Join Date: Oct 2004
Location: Melbourne, AU
Posts: 1,773
Thanked: 26 Times

If you are planning to fight and prove ur innocence, might be a good idea to see if you can trace the auto rickshaw driver.
spadival is offline  
Old 14th July 2007, 17:36   #20
BHPian
 
xinome's Avatar
 
Join Date: Feb 2007
Location: I am lost....
Posts: 339
Thanked: 0 Times

we have already decided to plead innocent as said earlier, havn't met the lawyer yet. lots of personal problems at home as well!
hopefully today atleast at 6pm i will be seeing the lawyer
whats worst the summon is on 19th and i have a exam on the 20th.

what ever i have said in my 1st post its true also it was my 1st accident ever.
the summon was done by the lady in the auto.

the autodriver is a local dons best friend so i dont want to play with him, as i also know the person very well, we are in good terms so no problems from auto side i hope!

this whole thing is done by the mali lady what the hell is her problem!

@backseatdriver - i have already done whatever you have said, also i have 3rd party insurance so this is allrite rite.
xinome is offline  
Old 14th July 2007, 19:23   #21
BHPian
 
xinome's Avatar
 
Join Date: Feb 2007
Location: I am lost....
Posts: 339
Thanked: 0 Times

i met my lawyer just now, everything is done and taken care of we are postponing the date of the so called trial to another date oh and yes we are pleading innocent and i will be on bail or somthing like that.
xinome is offline  
Old 14th July 2007, 20:27   #22
Team-BHP Support
 
CrAzY dRiVeR's Avatar
 
Join Date: Jun 2006
Location: Bangalore / TVM
Posts: 17,126
Thanked: 73,295 Times

Quote:
Originally Posted by xinome View Post
i met my lawyer just now, everything is done and taken care of we are postponing the date of the so called trial to another date oh and yes we are pleading innocent and i will be on bail or somthing like that.


Thats good. How was the drive today?

EDIT: If you know the auto-driver, cant you bring him to your side?

Last edited by CrAzY dRiVeR : 14th July 2007 at 20:29.
CrAzY dRiVeR is offline  
Old 14th July 2007, 20:33   #23
Distinguished - BHPian
 
Sam Kapasi's Avatar
 
Join Date: Jul 2005
Location: Mumbai (but wat
Posts: 6,997
Thanked: 2,376 Times

Good luck to you Xinome. Everything will be OK, don't you worry.
Sam Kapasi is offline  
Old 14th July 2007, 22:19   #24
Senior - BHPian
 
pjbiju's Avatar
 
Join Date: Apr 2006
Location: Pune
Posts: 1,357
Thanked: 1,088 Times

Nothing can be more heart-breaking than being held responsible and guilty for something that is actually not one's fault. We are all with you Xinome. Hope your lawyer will see you through this. I think the fact that "the fault is always with the bigger of the vehicles in an accident until proven otherwise" is a skewed attitude of the Indian legal system that unnecessarily gets people into problems.
pjbiju is offline  
Old 15th July 2007, 01:03   #25
Senior - BHPian
 
esteem_lover's Avatar
 
Join Date: Jul 2006
Location: Madras/Py
Posts: 7,556
Thanked: 500 Times

Don't worry too much & take it as it comes. You are not at fault & it cannot be proven otherwise, so relax.

BTW, what is a mali lady ?? did you mean a mallu lady ??
esteem_lover is offline  
Old 15th July 2007, 02:17   #26
Senior - BHPian
 
amtak's Avatar
 
Join Date: Oct 2006
Location: Mumbai - The city of Sea Link!!!
Posts: 2,911
Thanked: 898 Times

Hey Brother,

Don't worry...you are a brave man...! Victory would be yours.
amtak is offline  
Old 15th July 2007, 03:43   #27
Senior - BHPian
 
razor4077's Avatar
 
Join Date: Sep 2006
Location: Mumbai
Posts: 1,882
Thanked: 298 Times

Quote:
Originally Posted by esteem_lover View Post
BTW, what is a mali lady ?? did you mean a mallu lady ??
Mali lady = gardener woman

@xinome: All the best dude. It's very heartening to see you taking the right path and pleading innocent. Many would have copped a plea and taken the easy way out. Here's wishing you all the best - may you have the patience and courage to see this through successfully
razor4077 is offline  
Old 15th July 2007, 22:27   #28
BHPian
 
xinome's Avatar
 
Join Date: Feb 2007
Location: I am lost....
Posts: 339
Thanked: 0 Times

mali lady the lady from mali a island somewhere in lakshwadeep i guess!

why dont you ask sameer bhai he might be able to help! the naughty nomad!

Last edited by xinome : 15th July 2007 at 22:29.
xinome is offline  
Old 15th July 2007, 22:43   #29
BHPian
 
Join Date: Mar 2007
Location: thiruvananthapuram
Posts: 774
Thanked: 25 Times

Maldives is an island nation in indian ocean . People from maldives are reffered to as mali in kerala and island is also called mali(mali dweep). Many mali people come to kerala, especially tvpm as it is the nearest indian city with airport access.
swathyd is offline  
Old 16th July 2007, 10:05   #30
Senior - BHPian
 
VJ_MAVRICK's Avatar
 
Join Date: Jun 2007
Location: Sydney
Posts: 1,239
Thanked: 34 Times

Hey Shabeeth......stay cool and i know its pretty easy for someone like me saying sitting on the other side of the fence...all you can do is just pray that justice prevails and above all ....best of luck on your exam too dude..take every moment as it comes now ..cheers
VJ_MAVRICK is offline  
Reply

Most Viewed
Thread Tools Search this Thread
Search this Thread:

Advanced Search

Copyright ©2000 - 2024, Team-BHP.com
Proudly powered by E2E Networks