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Author Topic: Bike accident case query  (Read 440 times)

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Offline jakecarguy

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Bike accident case query
« on: April 20, 2017, 07:01:26 AM »
Hi Legal  Service India,
                                   I met with an accident a couple of months ago at night time.I was traveling from my office to home on my bike and a lady jumped in front of my bike all on a sudden.Even if I tried my best to stop my bike, I couldn't stop my bike and this resulted in the accident.

             As I was so tensed to handle the gathering crowd by myself and as my home was close enough, I somehow took my bike and went to my home and told my dad about this.He arrived at the scene and the lady was sent to the hospital.She had one broken arm and some scratches.My father went to this hospital along with his friend.

             As she is a lady who does not have a home, she sleeps on the verandah of a mosque, my father thought of mutually solving this by offering her 5000 rupees at first and then he raised the amount to  20,000 but she refused the offer and asked one lakh rupees from us.So my father said, let take this to court.
 
             Anyway, I do have a mistake on my side as well.This incident happened when my insurance was off period but after the accident, the next day itself, I got the insurance.

             In fact, apart from that, the fault is with her.She did not use the zebra crossing line just two or three meters from the accident spot.Most importantly she ran into my bike.In fact, it is a straight road and anyone can see a person who is crossing the road but she ran into my bike.I know that in India, everyone will support the pedestrian so I am pretty sure that the court will ask me to pay her for her troubles.

           She is a prostitute who is about 70 years old and is what we can refer as "Marvadis".She does not have a job or anything.

My questions are
1, What are the legal points to support my side? I will be seeing a lawyer soon but if I get something from this forum, that would be a help for him as well
2, As I do not have insurance (which is, of course, my fault), how to reduce the compensation amount?
3, What might be the compensation amount? Some guys said, as the lady is 70 years old with no job, the compensation amount would be less.


Thank you to everyone who took the time read my case.

                                   

         

                                   

Offline advuma

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Re: Bike accident case query
« Reply #1 on: April 20, 2017, 07:01:16 PM »
First of all she being a prostitute has nothing to do with this case, so don't even mention it in court you will be in trouble.

secondly here is a sr.citizen who has broken her limbs due to an accident, at such advance age any kind of injuries takes time to heal court will take that in consideration.

her being unemployed does not make her cheap or a push over law is equal for all.

court will decide on an appropriate amount.

by the way your insurance had lapsed at the time of accident means that you were illegally driving the bike, this is totally against you.

finally i suggest you settle the amount quickly with her since you were illegally driving. if she gets a smart lawyer one lakh would appear to you as a very cheap deal.

if u like my posting plz submit your comments

Hi, I am advocate Uma Saika, from Assam

Offline Mekasinhas

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Re: Bike accident case query
« Reply #2 on: May 24, 2017, 02:46:17 AM »
It is so wonderful that I've been searching for information for a long time.

 

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