[xinome]

hello to all my brothers in team-bhp
i want to spill out my aching heart and troubles i had to face because of a drunk autodriver!

it was a beautifull saturday morning and on my way to college to write my final exams, the road to my left was underconstruction so i had to drive on the 2 lane right side road (deviatin board placed.)

i was at 40kmph now on the right lane an auto on the edge of the right lane came to my lane to provoke me i guess so i slowed down.

and then he went back to his lane, in about 50 meteres from the car he lost control due to his sudden movements and came slanting towards my side of the car.

now what the hell would i do, i directed my car to the underconstruction road driving over the barriers.
but my calculation went wrong and the auto came straight into the construction site and hit me rite in my right fender jamming my door and giving me a bump on my head.

the auto driver was least bothered he caught another auto and went of to the hospital because his head was bleeding, the autodriver was probablly doing 60 kmph with 3 ladies in the passenger area.
so you can imagine the outcome.

the onlookers where supporting me! and cursing the indian goverment for the unconstructed road!

this incident happened a year back and still haunts me today, in a period of six months i get a court notice, and another court notive in a nother 6 months both are on August this year.

today i recieved a court order from the criminal procedure act somthing.
section 61.

its says i have been sumoned to the court for reckless driving and lunatic behaviour! my father and i went all haywire after giving the traffic police who bought the court order a piece of our heads.

by the way guys whats section 337 and 338 of the traffic law i am getting a huge scare i havnt met my family lawyer yet!

i am on my way to see him after posting this!

the car after the accident!


i had forgiven the autodriver and sent him of after paying for his medical expenses, also in the crash was a mali lady who said i hit the auto. the whole crowd was supporting me with her one big mouth shouting i hit the auto what the hell!

she suffers from a fractured arm and is now after my insurance claim! those are the stupid court orders.

and now i get a criminal procedure court order for reckless driving what the hell
( the order is in lieu of this accident )

[darrace]

Section 337. Causing hurt by act endangering life or personal safety of others

Whoever causes hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

Section 338. Causing grievous hurt by act endangering life or personal safety of others

Whoever causes grievous hurt to any person to doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.

Hey Xinome,

I had similar stuff happen to me in 2003
you need a really good lawyer, because right now, they are really cracking down on driving accidents
in addition, (and this is my personal opinion) i feel that when the cops see a young guy driving a car .. they feel that youre a spoilt rich kid and that most likely it was your fault..
i can give you the entire story about what happened to me and how i got out of it
all i have to say is DO NOT TAKE THIS LIGHTLY, THIS IS SOME SERIOUS STUFF!!i really dont mean to scare you.. but i just want you to be careful..

[speedmiester]

sorry to hear about this dude. it is always wiser to register a complaint before letting go of the other fellow. These people will do whatever it takes to get some easy money.

[nitrous]

A good lawyer is all u need to prove ur innocence,bro.
Don't panic.

[1100D]

This isn't as big as you are thinking, just meet your lawyer. I am sure its that lady who noted down your number for insurance claim. Hope there wasn't any policeman involved at the time of accident.

[VJ_MAVRICK]

Oh Xinome....its so sad to hear that even on being vigilant personally things go out of anyone's comprehension because of insane rides by others and in particular the ricks...stay cool dudey and get yourself a good lawyer and may you get out of this rut soon.

[BaCkSeAtDrIVeR]

Xinome - my condolences!!!
You can choose between paying about 1.5 to 2.5K as fine and forget this thing, or, engage a "good lawyer" and pay him 250K per posting, and fight the case. The case is sure to go on for at least 2 years, with one posting every 45 days (in Kerala), and you will have to appear in person every time. And there is no assurance that your side will win (After all, insurance can be given to the "poor and hapless injured" only if you are held guilty!!!).
Forget about sections and things. Just identify the court, go to there some time between 1.30 and 3.30 (that is when courts in Kerala have a reccess), or after 4.PM, make sure that sitting is not going on, and talk to the "bench clerk" - enquire for that officer. He is the guy who calls out the case numbers and sits just below the judge do not confuse this chap with the guy who STANDS below the judge - that is the peon. Show him the summons and ask him what fine is awarded for "pleading guilty". In Malayalam, use the exact phrase - "pleading guilty adikkukayanengil fine ethra aakum?".

[BaCkSeAtDrIVeR]

(Mods - sorry for two posts in a row - I was editing the first post when I found that 20 Minutes time expired, and frankly, not sure if contacting the administrator means that my changes are saved). Please delete the earlier post, if you like).

Every motor accident invites TWO litigations - one is the case in a criminal court, usually for rash and negligent driving, which means violation of a few provisions of the MV act, and also some sections of the Indian Penal Code. The sections vary depending on how many days the person spent in Hospital. If the injured spend more than 7 days in hospital, the sections are likely to be more serious.
Here are the choices you have in the Magistrate court.
You can choose between (1) pleading guilty and paying about 1.5 to 2.5K as fine and forget this thing, or, (2) engage a "good lawyer" and pay him 250 Rs. per posting, and fight the case. The case is sure to go on for at least 2 years, with one posting every 45 days (in Kerala), and you will have to appear in person every time.
In case your decide to fight remember that there is no assurance that your side will win (After all, insurance can be given to the "poor and hapless injured" only if you are held guilty!!!). Also, the it takes a hell lot of evidence to overturn the findings in the "scene mahzar" and "charge sheet", both prepared by the police, which are sure to be doctored to prove that you are guilty. You WILL have to fight the criminal case if you do not have a valid insurance cover - else, you will end up paying the insurance claim from your pocket.
If you think pleading guilty and paying fine is easier, first, ENSURE THAT YOU HAVE A VALID INSURANCE AND THE COMPANY WILL MEET THE CLAIM. Meet a lawyer to ensure that this will happen. Forget about provisions, sections and things. Just locate the court (Vanchiyoor, in TVM city), go one or two weeks before the date of posting. Reach some time between 1.30 and 3.30 afterbiib, That is when courts in Kerala have lunch break. Early mornings are a strict no-no. You can also try going after 4.PM, especially on saturdays. Make sure that sitting is not going on, and talk to the "bench clerk" - that is the title of the officer. He is the guy who calls out the case numbers and sits just below the judge do not confuse this chap with the guy who STANDS below the judge - that is the peon. The peon is likely to send you round and round in circles. Show the summons to the bench clerk, and ask him what fine is awarded for "pleading guilty". In Malayalam, use the exact phrase - "pleading guilty adikkukayanengil fine ethra aakum?".
Carry this cash and 1K extra (in case the judge is in a bad mood) and arrive in court at 11 AM on the date of posting.
Some judges allow you to plead guilty without appearing in person. Ascertain this also from the bench clerk. And finally, just in case you are fined for an amount more than the cash you have on hand, you can file a petition (in some courts, the stamp vendors sitting outside the court sell printed forms of this petition) for time to pay the remaining amount. This petition is filed after the fine is pronounced.
In the Motor Accidents Claims Tribunal, you should first meet the insurance company with a COPY of the summons, and ascertain from them if they will honour the policy - if they honour the policy, they will hire a lawyer for you also. (assure the insurance officer that this will happen). These matters are decided at the legal cells of the regional or divisional offices of the insurance company.
Here, things are likely to get difficult because you are likely to have plead guilty in the criminal court. Nevertheless, remember that strictly speaking, findings in Criminal court are NOT relevant (but may be influenced) in a civil court. If they will hire a lawyer for you, usually, same lawyer wil appear for you and the insurance company.
If this be the case, relax, only after you get a copy of the written statement filed by the Insurance company. If they admit the policy, you are safe, money wise.
In case you decide to play safe and hire a lawyer to appear in the MACT, you need to fight only till you get a copy of the insurance company's written statement.

[1100D]

Which means he has to physically Go to the MACT after pleading guilty in the Criminal court?

Showing the summon and saying I have plead guilty for the incident and I want the insurance company to compensate any claim.

[CrAzY dRiVeR]

Xinome:

Saw the lawyer? Whats the situation?

[manikjeet]

hope everything get well soon and get in touch with a good lawyer

and chill bro nothing will happen i have been in the same situation

[xinome]

didnt see the lawyer she will come home tomorrow after noon will keep you guys updated
thanks for all your advice and concern!

backseatdriver this is exactly what all my friends at law college told me, this is the 1st time i am going to court or even appearing for something like this.

this makes me question law itself, anways lots of help from my BHPian brothers and lot of family and friends backup has made me more stronger.
i am pleading innocent!
and i have the headmaster's at kerala law college to back me up + a really good lawyer i hope!

will keep you all updated
will let you know what happens tomorrow when the layer comes

[BUSA]

Sad to hear this Xinome. But your innocent so dont panic. All the best.

[1100D]

Originally Posted by xinome

i am pleading innocent!

Good buddy, all the best.

[rahul_intlad]

Hope everything turns out well,all the best buddy.