[Hayek]

Originally Posted by Ayson

I have his registration number, (KL-42-C-5403) and know the type and general decription (taxi, diesel ape, fitted with extra horns etc...), also he was carriying 5-6 people.

My Vento suffered dents on the left rear wheel well and full length scratches on the rear door. Im more upset that he fled, than about the damage.

What would you guys recomend i do, ie legally? How should i proceed?

Also i looked up his registration details from the Kerala MVD attached as pdf.

Unfortunately, nothing. File an FIR and claim from your insurance (and lose your no claim bonus). The result was the same when an idiot in Bolero rammed into my Getz at a signal in front of a cop. I filed a complaint but cops will do nothing unless you get killed.

[.sourov]

Note: I was not able to find a thread regarding this so thought of starting one. This thread is regarding accident experiences and what we learn from it.

Today morning I was coming from Pondicherry to Bangalore, near Krishnagiri toll plaza this incident happened. I was going at a steady speed and was overtaking a lorry suddenly a bike came in front of me and the accident happened. The lorry was traveling on the right lane and I was on the left, there we was on the left, there was a cut for taking U-turn and a bike was tried to change lanes quickly, as I was unaware of the cut on the right because of the lorry I did not slow down and was maintaining my speed. The bike was also not aware of me and tried to escape from the lorry came to the left lane, as it just completed a cut its speed was slow and suddenly I realised there is a bike in front of me and applied brakes. But the road was filled with sand and my tires skidded and I hit the bike. Thank to god they completed the turn so I rear ended them god only knows what would have happened if it occurred perpendicularly. The rear passenger jumped on my windscreen and the rider was thrown forward. I immediately stopped my car and went to aid them. I was immediately surrounded by all local people but strangely they took my side and started saying it was the fault of the bike. I called ambulance and police and they were immediately rushed to hospital and declared they only suffered minor injuries, thank god.

After this my car was taken to the police station by towing van as there was coolant leakage and I did not want to drive it. I took the help of a man who was able to speak in hindi as I did not have any friends who knew tamil. I was made to wait the entire day and in evening I came to know that I was held responsible and a FIR was logged against me. Initially I opted for compromise and did not want a case and was ready to compensate the riders, but later I came to know that the police told them that since they did not have license or insurance they can't claim anything and they told me that all things are handled and I need to pay 6000 Rs as some fees. All these conversation was done with the middle man as I had no other option. Lastly I had to pay 6000 Rs to the police and I think the injured people will not get anything from it, got accused of IPC 279 and 327 or 427 not sure and need to come after 15 days to pay a fine. They also issued a arrest card in my name and I also got bailed by two of my friends who were traveling with me.

Can some please tell me what is IPC 279, 327 or 427 and what trouble I might for it, like visa or fine.
I was not aware of the vehicle accident laws and rules hence did not have any chance to protect myself, so I would all of you to kindly document your experiences so that in case any one faces my situation he can refer here.

Thanks for reading and thank to god that no one had any major injuries today and finally please drive safe.


-.sourov

[lapsi]

Sad to hear about this. Any accident is a harrowing experience and having a criminal case against you is even worse.

Unfortunately or fortunately, police are not equipped to investigate accidents and as a thumb rule, it is always the fault of the larger vehicle. Due to this, there are hardly any consequences.

The sections are 279 and 337. Section 279 is for rash and negligent driving and Section 337 is for causing injury. There is a fine of Rs. 1,000 and Rs. 500 respectively in each of these sections.

In addition, there may be a third party claim made by the bikers which your insurance company will handle.

Do not worry too much about it but remember that good drivers see things while excellent drivers anticipate the unforeseen.

[el lobo 6061]

Sorry to hear about the incident. I can only sympathize with you and suggest you to get a lawyer and sort the matter soon. Without correct knowledge the police may take unfair advantage of your innocence.

Originally Posted by .sourov

Can some please tell me what is IPC 279, 327 or 427 and what trouble I might for it, like visa or fine.

Regarding the IPC section:

IPC 279 :

Rash driving or riding on a public way —
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.

CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both—
Cognizable—Bailable—Triable by any Magistrate—Non-compoundable

IPC 327 :

Voluntarily causing hurt to extort property, or to constrain to an illegal
act —
Whoever voluntarily causes hurt, for the purpose of extorting from the sufferer, or from any person interested in the sufferer, any property or valuable security, or of constraining the sufferer or any person interested in such sufferer to do anything which is illegal or which may facilitate the commission of an offence, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—
Triable by Magistrate of the first class—Non-compoundable.

IPC 427 :

Mischief causing damage to the amount of fifty rupees —
Whoever commits mischief and thereby causes loss or damage to the amount of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—
Bailable—Triable by any Magistrate—Compoundable by the person to whom the loss or damage is caused.


Of the above three IPC 279 & 427 could be framed. I'm no lawyer but reading about the offence says it all.


You could get download IPC e-book from the following below link. Could be essential in helping you in understanding various Penal Code.

Link To Download IPC e-book.

[lapsi]

Originally Posted by el lobo 6061

CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—
Triable by Magistrate of the first class—Non-compoundable.

IPC 427 :

Mischief causing damage to the amount of fifty rupees —
Whoever commits mischief and thereby causes loss or damage to the amount of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

The Sections 327 and 427 are not applicable in case of motor car accidents. There is no way Sourov is going to jail for 10 years! Even if he pleads guilty!

From a practical point of view, the maximum damage to Sourov will be Rs. 1,500 as normally nobody is imprisoned under Sections 279 and 337.

As I said earlier, do not worry about it.

[el lobo 6061]

Originally Posted by lapsi

The Sections 327 and 427 are not applicable in case of motor car accidents. There is no way Sourov is going to jail for 10 years! Even if he pleads guilty!

I just presented the information for the Penal Code stated by Sourav. Obviously there is no way Sourov is going to be imprisoned for 10 years but he should definitely consult a lawyer for a better understanding and way ahead to resolve it.

[lapsi]

Originally Posted by .sourov

...got accused of IPC 279 and 327 or 427 not sure...

Originally Posted by el lobo 6061

IPC 327 :
...
Punishment—Imprisonment for 10 years and fine
...

IPC 427 :
...
Punishment—Imprisonment for 2 years, or fine, or both
...

Of the above three IPC 279 & 427 could be framed. I'm no lawyer but reading about the offence says it all.

I understand that you were only providing information about the sections without understanding the contents, but Sourov had made it quite clear that he was not sure of the sections.

The least you could have done is check whether the sections you posted applied in his case. And although Section 427 does not make sense in his case, you went ahead and said that charges could be framed under that section! Completely avoidable.

Originally Posted by el lobo 6061

... Obviously there is no way Sourov is going to be imprisoned for 10 years...

Yes, but if you were the only one who had posted, he might have had a heart attack reading about the punishment of 10 years imprisonment U/s. 327! Or imprisonment of 2 years U/s. 427! And both the sections do not apply.

This is simply to highlight the fact that wrong information can be injurious to health

Cheers!

[.sourov]

Hey thanks for all the above comments. Tomorrow I will get my car and update you all regarding the matter. Its very sad that the police in TN file report only in tamil, I did not understand a single thing in that, it was translated to me by the middle man but now I doubt him too. Any lawyers here who can throw some more light that whether this sections can hamper my abroad travels in any way.

Thanks again team-bhp
-.sourov

[esteem_lover]

In case of a situation like this, when you are being served a legal document, the first thing to do is call up a lawyer and let him speak to the cops. Cops react very differently once a lawyer is involved, he may be a 2 penny lawyer, still the nexus works very well. Could save you a lot of trouble.

[el lobo 6061]

Originally Posted by lapsi

The least you could have done is check whether the sections you posted applied in his case. And although Section 427 does not make sense in his case, you went ahead and said that charges could be framed under that section! Completely avoidable.

Lapsi I'm not justifying my actions by this post.

Originally Posted by .sourov

Can some please tell me what is IPC 279, 327 or 427 and what trouble I might for it, like visa or fine.

Lapsi all I stated were the rules and classification of offence for that IPC section which Sourov asked for. I never stated that he or she would be imprisoned or anything. I just gave an overview what is the meaning of that certain IPC section.

Originally Posted by lapsi

Yes, but if you were the only one who had posted, he might have had a heart attack reading about the punishment of 10 years imprisonment U/s. 327! Or imprisonment of 2 years U/s. 427! And both the sections do not apply.

IPC 279 is for rash driving which can invariably be framed in an occurrence of an accident and IPC 427 for causing a damage greater than 50 rupees, which is related to damage to bike in the accident. Sourov asked about the information about IPC 327 which I stated and never stated that he will be imprisoned for 10 years.

Originally Posted by lapsi

This is simply to highlight the fact that wrong information can be injurious to health

I didn't give out any wrong information and only stated the information, rules and elaborated about the following Indian Penal Code sections which Sourav asked for.

Peace. Lets leave it to that.

[rakchow]

oh my god.i am sorry about the accident.wish i had read this earlier.I stay half an hour away from krishnagiri.if there is anything you need.please do msg or call me.i am fluent in south Indian languages.

These police officers are corrupt to the core.please refrain from paying any money.As long as you did not do any wrong you are good.

Note from Support - Please do not share your personal contact details on an open forum. You can offer to help and if anyone needs to contact you, they can get in touch with you via PM for your mobile no. and other info. This is for your privacy and safety.

[Driving_Nomad]

Very sad to hear that you met with an accident. I have had a similar experience and was charged under the same sections of the IPC. An MVC case is two-fold, a criminal case on the driver which is put by the police and a claims petition, if any, by the injured person. As the bike rider didn't have a Driving License, I think you will just have to get over the criminal case that happens in a local court and finishes in one hearing.


Here is what happened in my case:
I first admitted the guy to the nearest Govt. hospital, called the police myself, came back to the spot to take my car to the police station. An FIR was filed with the same IPC sections that you have mentioned. I was arrested (formality sake) and later released over a bail in half an hour. The RTO officials inspected the car the next day and said that I could take the car from the police station. A certified copy each of the FIR and the inspection report was provided to me for getting my car repaired by the insurer.
A month later, I was summoned by the honorable (local) court for the criminal case (read charges of Rash driving and negligent driving). I was called in and I pleaded guilty. I was fined Rs.1500 and the case was closed. The Petitions case took over three years to finish and my car insurer paid a sum of Rs.300,000 to the person injured.

Finally, my two cents:
There is absolutely no need to panic at all. It's an accident after all and you will not have to worry much unless the bike rider makes a petition in the Accident Tribunal (which he can't as he did not have a License).

[.sourov]

Driving_Nomad: thanks for your detailed description. My situation and events matches your word by word. Really appreciated and gave me great relief.

Today's Update: Morning I went to take my car and was informed that I have to wait as the injured party demands compensation. I was alone today so got a little scared so called some friends and one of them knew a person there and he wished to help. Starting was good as he took me to Inspector and after speaking with him he said all is fine I can leave as soon as I get clearance from RTO officer. When the car was about to get cleared he told me that now he wants to go check on the injured persons and wants to confirm their situation and give some small amount agreed my me as compensation and close the case after taking written statement from them. So after 1 hour I receive a call from them and they told the injury was serious and I need to give them some huge amount then only they will give the statement. I got tensed as this was a surprise to me as since yesterday I was informed injuries were minor. Then my friend called me that his known person called him up and told him to convince to give the money. Then I spoke to my dad and he also got tensed and told me to give all the amount and leave that place as early as possible. But my mind did not allow me to do so, I paid a medium amount and told them I will transfer the rest and left that place and informed my dad is getting a lot of tension and I need to go to bangalore and call him from some local number for his peace of mind. So I towed my vehicle from there to Bangalore and spoke to the insurance guy, nice fellow, he told me that sir since FIR is filled do not pay them a single penny as your money will go down the drain tell them to file a case against the insurance company and claim their share. So I conveyed this message to the injured party representative that I am not giving any money and if the condition of injured person is so serious come to bangalore and I will get their treatment done from a good hospital here under my surveillance and next moment his tone changed. He told he can compromise with small amount also. Then the friend's known person called me and said that the injured party called him up and have started disturbing him and he is repeating his decision to help me. I got doubtful. I called the injured party representative and told him if he again disturbs him he gets no money and what ever he wants he can do, and then it came, he started to scare me by telling that they will see me when I come for court hearing. But this time I stood strong and told them I will file a police complaint regarding this and will ask for protection when I arrive there, tone again got low.

My thought after all this process is that I think even if I want to settle with the injured party I will be paying money to all the mediators which I don't want. But I am feeling very sorry for the poor people even though it was not my mistake I want them to be alright and help them in some small way I can.

Latest update is my friend's known person called him up and said he can do the settlement in the small amount I paid him and I am shocked that even though I told him not to speak with the injured people's representative, he is constantly doing so rather it seems that he wants some share.

What all of you suggest?
Sorry for wrong information earlier I an charged with IPC 279 and 337.

[mayankk]

Your insurer has been involved, and an FIR has been lodged.
Frankly, I believe these guys are just milking the cow before she dies, which in your case would be a court appearance, considering that the other guy did not have a license(right?).
You have already paid one amount, and you should make it your last. Now that you have the FIR etc, let these guys know that your insurer will be paying any amount that they want, post the directive from the courts.

Like someone mentioned, if at any point you start feeling tensed again, get a lawyer involved.It will legitimize your discussions, as well as save you a lot of headache and money too.

[mac187]

I feel you are not handling the situation very well. Couple of mistakes you did,
a. Didnt contact a Lawyer as soon as you went to the police station.
b. Speaking through a middle man, whom you dont trust
c. Paying money

Once you start dooling out cash, there is no way they are going to let go of you now, cops and the biker. Your biggest mistake was you gave them cash on day 1, signalling that you are ready to pay your way out of this accident. Do not pay a single dime to anyone from now. Also dont get worked up on those empty threats, give it back to them and stand your ground.

Lastly, Lawyer up.