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Author Topic: Accident case - Sections 279 & 338  (Read 1023 times)

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Offline anushiv100

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Accident case - Sections 279 & 338
« on: August 09, 2016, 04:23:35 AM »
I met with an accident while driving my car. I was waiting near the divider to make a right turn. A guy came speeding on a two wheeler and hit my car's front bumper. He fell down and dislocated one of his legs. There was a patrol police jeep nearby. I took their help to call an ambulance and admitted the injured person to a nearby hospital.

Most of the eye witnesses pointed out that the two wheeler driver was over speeding. But, the police have filed a FIR against me stating that it was me who was speeding and was driving rashly. When questioned, the police are saying that whenever a smaller vehicle meets with an accident with a bigger vehicle, and if the person from the smaller vehicle gets injured, then by default they will file the case against the bigger vehicle, irrespective of who is at fault.

Since it was not my mistake, I was planning to defend it using a lawyer. But, few of my relatives who have met with accidents before, are saying that the lawyer fees will be higher than the fine, and it will be difficult to prove that we are not at fault. So, it is better to pay the fine and forget about the incident.

Can someone advice if it is worth pursuing the case with a lawyer, or is it better to pay the fine? What are the chances of winning the case?

Offline advjaibansal

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Re: Accident case - Sections 279 & 338
« Reply #1 on: August 11, 2016, 06:08:04 AM »
Dear Sir,

There are two factors, one is your principal and another is get rid of the problem. Now, you have to choose what you want.

jai bansal
Advocate, New Delhi
Supreme Court of India
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