[prithm]

Originally Posted by s_pphilip

Its good I put this dilemma here as I got different scenarios to ponder on, I will tell my advocate that the general advice I received is to fight this case, if necessary I shall run this thread by him.

You have the best possible support available for this case since your lawyer is your family friend. That is a huge advantage. Admission of guilt opens a lot of scope by opposite party to file cases which itself will cause more tangles to them. But since they are "victims" in eyes of the law, resources at your end will take the brunt.

I leave the final decision to you and your advocate since he might have a strategy that might be beneficial to your case in that specific court room and presiding judge. Lok Adalat can give you much needed time for negotiation.

Best of luck and keep us updated.

[s_pphilip]

Update: I got a call on 15th Feb from Kozhikode police station, some one named Manoj who called me stating that I have a hearing on 6th March and the attempt is to close the case after paying fine. This is first communication I received after more than a year.

My sister made some inquiries on my behalf but the feedback she shared is different, she apparently spoke to someone who in turn spoke to someone at the local police station who said since this is a hit and run case they are calling both parties to decide the compensation. In the first place I don't know how this turned into a hit and run case, when I took the boy to the hospital and the father arrived much later. Its amusing, legal progression in India.

If this has turned into a hit and run case, I'll just fight it and wouldn't really mind even if it drags for 10 years, this is a learning curve and I shall grasp as much as I can learn from all this which will make me stronger.

For the compensation let them involve my insurance, I had comprehensive insurance.
I checked with my advocate and he said be wary of the police, so now I can't trust anyone, everyone seems to be hand in glove, only respite is I have faith in the judicial system.

[prithm]

Originally Posted by s_pphilip

Update: I got a call on 15th Feb from Kozhikode police station, some one named Manoj who called me stating that I have a hearing on 6th March and the attempt is to close the case after paying fine. This is first communication I received after more than a year.

My sister made some inquiries on my behalf but the feedback she shared is different, she apparently spoke to someone who in turn spoke to someone at the local police station who said since this is a hit and run case they are calling both parties to decide the compensation. In the first place I don't know how this turned into a hit and run case, when I took the boy to the hospital and the father arrived much later. Its amusing, legal progression in India.

If this has turned into a hit and run case, I'll just fight it and wouldn't really mind even if it drags for 10 years, this is a learning curve and I shall grasp as much as I can learn from all this which will make me stronger.

For the compensation let them involve my insurance, I had comprehensive insurance.
I checked with my advocate and he said be wary of the police, so now I can't trust anyone, everyone seems to be hand in glove, only respite is I have faith in the judicial system.

Honestly speaking, this looks like classic example of cases involving dowry, domestic violence where 99.9999% are fake and ego filled cases.

There too husband and wife will be separated for years until they tend to realize the mistake they made by going to Police and Law with their personal problem and tend to settle it out of court since the biological clock is ticking.

Same has happened in your case. Police cannot ask you to come to negotiation inside Police station without the direct order of court (even then all arbitrations and negotiations will be redirected to Lok Adalat or suitable negotiators [Court Appointed]).

Ask them to come to court and let them tell before the judge that they are willing for a out of court settlement (Full and Final) either through Lok Adalat or Counsellors. This should solve 90% of your problem.

Ask your lawyer to push the case to Lok Adalat since it will stay there and rot until a final settlement is reached between parties. It is basically a fish market.

DO NOT GO TO POLICE STATION ALONE. Ask your lawyer to attend the meeting and state that you are out of station and cannot attend this meeting. Drama will ensue as soon as Police and Victims see you in Police station and I am assuming this is first time in your life, so beware of this classical tactic used by scums. They may even detain you unlawfully stating you were trying to abscond or influence victim.

Do not read all these thinking I am trying to scare you, but I have experienced all these nuisance first hand and know what these guys are trying to play with you.

ALL MEETINGS AND NEGOTIATIONS ONLY IN COURT AND BEFORE THE COURT APPOINTED NEGOTIATORS OR LOK ADALAT.

Not sure if your location has Fast Track Lok Adalat. Hyderabad has this Court mela and circus every year to clear all petty and traffic related cases.

Strange are the ways of Democracy and Lawmakers of this nation.

[prithm]

I remembered your thread when I was reading this news. Hope you can draw some legal points in your defense.

http://timesofindia.indiatimes.com/c...w/58567724.cms

[s_pphilip]

Originally Posted by prithm

I remembered your thread when I was reading this news. Hope you can draw some legal points in your defense.

http://timesofindia.indiatimes.com/c...w/58567724.cms

Thank you Prithm, I appreciate your constant support.
I owe an update on this thread since long but the guilt of being stupid (not about the accident but my actions thereafter as I wasn't at fault initially) and not having the presence of mind to act wisely irritates me constantly as I am in constant state of denial and make believe, had I initiated a police panchanama on the spot, holding up traffic without giving in and let the victim visit the hospital in an on call ambulance I now believe this case would have been quashed then itself or approached differently, however I did the grave mistake of taking the kid to the hospital out of overwhelming sympathy and emotional upheaval, I mean I couldn't think for a short while after the accident, my judgement was clouded, it was the first time, little did the consequences cross my mind which are now stacked against me, me not being a local from there now cannot find traction on this aspect.

Most people whom I reached out to back then, advised me talk to the victims family for an out of court settlement and that they should oblige, its this that annoys me most, simple awareness and reading habits could have improved how I react to this, most people give random suggestions which only confuse and not solve, can't point at them, it's me who should have known better, actually I realize now no one is interested in the truth, not one gives correct or complete advice, neither the law officers or relatives or lawyers, everyone plays it to their advantage, ignorance in such matters is a crime itself and most people like me who have shied from legal matters get sucked deep in the spiral primarily out of ignorance.
My parents and most circles around me consist of simple everyday folks, always played safe themselves, we know for business decisions, legal and human interactions, prior environment exposure can help significantly.

So my hearing in March went as scheduled and the advocate "Beena" who I was referred to, casually told me such things happen and she has seen plenty such cases, that I'd have to admit and the case is closed. Then its the insurance that has to fight it out. I believe I haven't handled this case too smartly. When my turn came and name was read out, the judge didn't ask me any questions, the advocate had prefilled I suppose the papers, of course with my consent, and the judge directly read the sentence, a court fine and court arrest for a day. The funny thing is till date no one has asked me what actually happened, neither the lawyer, nor the judge, nor the cops, strange ways of the law, no one needs the facts.

Also Vinodkumar who initially wrote the FIR from the local PS was transferred and Gopi Saar (or Gobi Saar) who signed the documents committed suicide in the police station, looks like Kozhikode PS has something going on as recently another committed suicide in the PS, strange indeed.

Now the victim has filed for compensation, claiming 4 lakhs, the hearing is due on Nov 7th, its supposed to be fought by my insurance company I suppose, I still will be present since I have received the summons. I'm not sure though how this is approached.

I feel really stupid that I've got into this stranglehold out of my foolishness, playing it all along to the advantage of others. This case has caused me immense mental agony, my Fabia since the accident is parked in my house and has not seen roads, since I'm not using it, I've skipped its service and insurance renewals, the pleasure I now derive out of driving is a fraction of my past, I prefer car pooling now. This incident and my foolish response to it definitely has carved a significant dent in my life.

I recently came across a post on LinkedIn by a parent in the US who thanked God, cops and the medical community in the US for his sons recovery, apparently it was a similar case, the kid crossed without observing traffic and was tossed, thankfully the kid is safe, I replied to his post appreciating his courage to openly accept and set an honest example in front of the next generation. In India we don't give ethics much importance, the opposite party thrives.

That's why a dash camera is so, so important, it saves innocent lives and your story has a voice.

[prithm]

These things happen Phillip. Just don't lose hope.

Every citizen in India think that law & order prevails in our country, but unfortunately that is not the case.

Coming back to your case, I will advise you to find a lawyer who is senior & good at accident cases. These guys are usually employed by insurance company to avoid or lessen burden of compensation. Check with your insurance agents who that lawyer is. It's just body shopping. Discuss the facts of case & ask what will be the realistic damage on your side.

Fire your current lawyer (but take the papers back from her before proceeding). For such cases court arrest is not the answer especially after you have helped the kid & he did not suffer any fatal injury.

Out of Court settlement is the best way forward & bringing the opposite party to your terms is the skill of the lawyer. Currently the damage to your pocket stands at 4 lakhs. So start the negotiation with opposite party at 1.0 which will reach 2.0-2.5 by the end of negotiation. Approx 1 for lawyer & your travel cost.

Better to move this case to Lok Adalat for negotiation. Nobody will hear your side, because you are the rich party in this case.

Don't worry. Indian courts look daunting, but they are nothing short of cheap circus. So enjoy the show while you are there. Keep your spirits high, don't let anything get you.

You will ask me how can someone stay cool in such situations, believe me it's all psych play. The more stronger you appear before the opposite party, it will lessen their confidence of winning this false case.

Tell court that even though the fault was not yours you are still ready to compensate out of humanitarian grounds inspite of helping the "victim" & medical bills.

Out of Court (Lok Adalat) is the answer. Be strong.

[s_pphilip]

Originally Posted by prithm

.... & medical bills.
... Be strong.

Thank you Prithm, I admitted the kid to the hospital, I had to get moving later that night, I didn't bear medical costs, though as I said I was initially open to out of court settlement right then and close it, some advised me initially the same and then contradicted and said better go ahead with the case as I had full car insurance cover, in hind sight I'm okay it happened this way too as looking at the way this case is fabricated, it could have been registered as a hit and run else without my knowledge.

Its not the case that is intimidating me, its my shame of not having used my sound judgement and having given in to everyone's random logic that day, that is irritating. Of course I recollect its only when the doctor said he is okay after initial evaluation and only suffers from a fracture that I started thinking straight. That's when I retraced the moments and rued skipped judgments.

Even the fracture I think, since the kid decided to suddenly sprint across the NH and hit right in the center of my car, his right leg got trapped and twisted momentarily due to his momentum, in the lower central air duct/grill of my Fabia, a couple of those lower grills were cracked which implies his leg got caught and twisted there possibly doing some evasive maneuver, that he was wearing sandals didn't help either, that apart the car cushioned the impact, commendable of Skoda, can't imagine the result if my car was replaced by the greenish yellowish bus that was chasing us, only they use their horns liberally. I had to replace the windscreen and those central grills, everything else was just adjusted and put back in place. I though changed both my headlights as the inside projectors weren't focusing well I thought.

And to add there was no zebra crossing in front of the Volkswagen showroom, unless they decided to paint one later, I didn't expect the father to create a falsified FIR, I was naive, expecting honest actions from most in this society. Since the FIR was partly in Malayalam and I can't read, I am not sure whether its the same location mentioned.

I am told by a practicing lawyer not to bother about the compensation part, the insurance cover takes care of it all, they will negotiate it down to something like maybe 50k or so, I'm positive I'll be richer in experience and when I've to guide someone can provide the correct advice.
I'm still to complete reading the dash cam thread on TBHP, close to 2 years and still haven't acted on it, pathetic, but then I now prefer being driven, soul wrapped in layers and layers of woolen.

[prithm]

Originally Posted by s_pphilip

I didn't expect the father to create a falsified FIR, I was naive, expecting honest actions from most in this society. Since the FIR was partly in Malayalam and I can't read, I am not sure whether its the same location mentioned.

I am told by a practicing lawyer not to bother about the compensation part, the insurance cover takes care of it all, they will negotiate it down to something like maybe 50k or so, I'm positive I'll be richer in experience and when I've to guide someone can provide the correct advice.

Good to see that you have become emotionally strong in due course.

It is never the victim who lodge false FIR. It's the lawyers & Police. Victims don't want to run around courts it have legal nuance knowledge, it's the greed that is bred in their heart by the corrupt.

If they come for a settlement thats as low as you have mentioned, consider yourself lucky to have gone with that insurance company. Though those companies have their own way to do arm twists.

There is a delay tactic too that can be utilized to bring the opposite party to negotiation table, but make sure your lawyer is supportive of that. It will take anywhere between 6-24 months to settle such cases, but make sure u r never convicted. It's an indelible mark that will stick on as tar & background checks will fail.

Stay strong. Wallet will get drained, but you need to come out clean after so much expenditure.

[s_pphilip]

Originally Posted by prithm

.... Wallet will get drained, but you need to come out clean after so much expenditure.

Thanks Prithm, but why will it be heavy on my finances, isn't comprehensive insurance purchased to negate these situations, isn't it the insurance company as I am told by others too, who will have to renegotiate and drag the case till it is settled based on their permutations and combinations.

https://www.linkedin.com/feed/update...08992348413952
Here's the link to the said post on LinkedIn, the father here is setting an honest example for his children, very commendable, nice to see that there are people, though on the other side who do value ethics.

[prithm]

Actually, insurance will do it on your behalf if you are convicted.

I'm suggesting you to not go that way & avoid it to maximum. Though it will not be considered in lines of manslaughter, but still better to settle this in your own terms & conditions. You never said which sections have been added to the petition.

The FIR has to be quashed, party has to agree to come for out of court settlement, case has to be withdrawn. I m sure your lawyer can negotiate & get it down both for your benefit & his. Amount is not too much, tell him that whatever he saves you in that 4 lakhs, is his fees + your savings. (50:50).

This is my honest thought. I m not even looking at present, but your future & implications of current situation.

But if you want to come out of this situation ASAP & not mind a conviction, then stay strong & never look back.

[s_pphilip]

Originally Posted by damanshaheed

... Unlike you, I had the presence of mind to click photographs of the scene. ... but believe me all this boils down to is the compensation amount. ...

I missed to ask earlier but very valid to me, how exactly were these photographs helpful, since the difference between yours and mine is the absence of recorded proof, but then you mentioned even you had a case going against you, the compensation which I assume was settled out of court.

Originally Posted by prithm

Actually, insurance will do it on your behalf if you are convicted.
... You never said which sections have been added to the petition.
The FIR has to be quashed, . ...Amount is not too much, .... (50:50).
...

Thanks Prithm, Actually I'd prefer insurance taking care of the same, I'm told they have negotiating experience, and then all the lawyers will have some fun in all this, 4 Lakhs is a large sum, I am regular Indian salaried fellow, I am not yet a businessman who can overlook that figure, having immediate access or means to cover it some way.

I was charged under 279 and 338. The initial part of the case is over, that is my conviction, the lawyer 'Beena' said, hey its no big deal, she's seen such too often, admit and close and then let it move to insurance, I mentioned the sequence earlier.
So now its the compensation summons, I paid the court fine and was under court arrest for a day, even though I took the kid to the hospital out of humanity, firstly not expecting them to completely distort the story and secondly because of my ignorance, its been an expensive mistake, one that I'm to blame, should have stuck to my ground and proceeded with the police panchanama, simple, but not easy to say this when a kid who needs immediate medical attention is in the bargain. Stuck between a rock and a hard place. Sad today greed overcomes good gestures, but can't blame a deceitful society for me being naive, can I.

[damanshaheed]

Originally Posted by s_pphilip

I missed to ask earlier but very valid to me, how exactly were these photographs helpful, since the difference between yours and mine is the absence of recorded proof, but then you mentioned even you had a case going against you, the compensation which I assume was settled out of court.

The compensation was paid by the Insurance company the car was insured with. The photos helped in proving that we were not at fault to cause the accident.

[prithm]

Originally Posted by s_pphilip

Thanks Prithm, Actually I'd prefer insurance taking care of the same, I'm told they have negotiating experience, and then all the lawyers will have some fun in all this, 4 Lakhs is a large sum,... to cover it some way.

I was charged under 279 and 338. ....
So now its the compensation summons, I paid the court fine and was under court arrest for a day, even though I took the kid to the hospital out of humanity,

OK..you have crossed half bridge, albeit painfully. Sorry to hear that you were under court arrest , but consider that as Five Star treatment of conviction.

4 lakhs is meagre. Believe me. Most people make biggest mistake of prolonging cases when compensation is already on table. More time you waste in negotiation, more will be the damage to pocket & health. Strike when iron is hot.

Start negotiation in Lok Adalat. It's better than main court. Absolute pandemonium, but bargaining can be done easily.

Hope to read a good news soon from you here.

[s_pphilip]

Originally Posted by damanshaheed

... The photos helped in proving that we were not at fault to cause the accident.

If you proved you weren't at fault why then was the compensation rewarded, I'm not against it so I'm sorry if this question is silly, its just that I have limited understanding of how law works, or was it that you too had to admit in court to reckless driving (standard clause, not the reality) and then the insurance took it over from there, thanks again.

Originally Posted by prithm

....
Hope to read a good news soon from you here.

Your guidance and encouragement is appreciated, I was those types who would be uncomfortable when the excise officers/state border cops ask you to pull over at Goa exits even if I don't drink and I am sure there's not a drop of alcohol in the car, cos I disliked interacting with them. This case has let me overcome this constraint, I am richer by experience, its valuable, I'll reap the rewards somewhere.

A hard knock sometimes teaches something valuable better than days and years of living passive, there were at least a 100 plus people witnessing this accident, the bus right behind was packed to its gills, sadly I have to face this distorted story myself as I know no one present there, so for now only I know what happened and that voice is silent, not audible.

[s_pphilip]

Originally Posted by prithm

I remembered your thread when I was reading this news. Hope you can draw some legal points in your defense.

http://timesofindia.indiatimes.com/c...w/58567724.cms

I am not sure how the defendant built this case in his favor and how he managed to get witness to support him, if proved not guilty the question of awarding compensation does not arise I guess even if there is an injury.

In my case even if the officers simply sit on their chairs and ponder they can easily come to the conclusion this is fabricated, my Fabia does not have any damage to the sides except head on, that too to the center of windscreen and grill and at the location mentioned, since buzzing with activity, no other causalities were obviously recorded, neither to humans or any inanimate objects, which would easily be the case if I went off road or spun out since its claimed I was over speeding and shops are lined besides Volkswagon showroom. This happened about 03:30 in the afternoon, in a few minutes we'd have pulled over for a tea break after bypassing the city, I had started from Goa in the wee hours that morning, I think I missed the bypass road which is how I ended in this mess, road signs are ridiculously placed (all over India) and I was wondering about that turn. Its just that they don't want to apply efforts to dig in deeper and everything is superficial, all paper tigers, kind off.