[Entsurgeon]

Can we get a link to the dashcam video? @Satyahari7

[Axe77]

Originally Posted by Satyahari7

I have a small YouTube Channel by name 'Sandeep Hari'.

Originally Posted by Entsurgeon

Can we get a link to the dashcam video? @Satyahari7

+1. Would be great if we could see the video too if that is possible Satyahari. Will also establish the egregious driving behind the incident.

Thank you.

[Satyahari7]

Originally Posted by Axe77

+1. Would be great if we could see the video too if that is possible Satyahari. Will also establish the egregious driving behind the incident.

Thank you.

Yes, I would have already uploaded it without hesitation but since the matter is sub-judice, I'm refraining from uploading FIR, Chargesheet & Video as of now. For reference, I'm attaching a snapshot to give an idea.

The scene:- Narrow, 2 lane undivided road with a lot of mixed traffic including motorcycles. Speed between 40-50 Kmph. Maroon car on left tries to squeeze ahead in the gap I'm maintaining. Meanwhile the white Scorpio ahead starts braking. I can't apply harsh brake to accommodate the overtaking car as there is another car right behind me. I can't go right upon oncoming traffic + there are bollards placed on double solid like.

Result :- A side rub between both our cars with my left mirror getting stuck in his window and getting damaged. A dent & some scratches on left fender. A deep scratch on left door panel but apparently entire door needs repainting.


Aftermath :- This narrow road gets wider after a hundred meters with lot of open space. I slow down there and ask him to stop for assessing the damages. He abuses and drives off.


I have a habit of frequently checking my mirrors to identify potential threats. But this time, I had no scope.

Coincidentally, I made a video on this exact same topic 4 months ago :-

https://youtu.be/2enoxygY15k?si=1DMSuG3-dneV50sU

[krishnakumar]

Originally Posted by avira_tk

….

I’m sorry what? With every additional post of yours, you’re making lesser and lesser sense.

You’re saying it’s not even worth trying to report such crimes, whereas when someone actually does it you scoff it off and actually blame the guy who managed to take the legal route? What is really the problem that you’re trying to highlight here, I’m actually not very clear.

Should we not report the crime? Because as per you it will never work and instead do what? Would you like to offer an alternative?

Just because we have a dysfunctional system, we should not shy away and go to a corner and cry. We should learn how to exercise our rights better and haul these morons on the roads to court, and dare I say make them really pay for their actions. Only then can we stop this menace of road rage and rash driving.

And why blame someone who actually managed to use the system well? I’m baffled, honestly. I don’t really see a point in this cynicism. If this is a PR stunt, then damn well right it should be because we need more awareness on the rights available to common man in such matters.

[whitewing]

I totally get why one would wish that these rash obnoxious drivers get their just deserts, we see enough and more on our streets daily. Compliments to Satyahari7 for taking the effort to educate us - information that is understandable by a non-lawyer was sorely missed.

As a side note, it is quite scary that what has transpired is an admission of the fact that we live in a state where "the process is the punishment". It can befall on any of us for any sundry reason - not just for being obnoxious rash drivers.

Remember -recently a BHPian with a Gurkha in Delhi was booked for homicide. Why? He drove through a flooded street and the police wanted a scapegoat.

While the sheer absurdity of the situation and the prevailing media attention made sure he was out in a day or so, but his ride had to sit in the police yard for quite some time. Not sure if he still has to do rounds to the police station.

[Aroy]

I laud the lawyer. He did what the state machinery should have done without prompting. I faced similar situation where the other party was extremely aggressive, and simply walked away. Complaining to police (without having a lot of clout) is simply waste of time as such minor accidents are at their lowest priority.

What I find disturbing, is that every one asks the victim to claim insurance. What they do not realise is that claiming insurance involves
. Some money not paid as most insurances have a clause that you pay the first 500, 1000 or more.
. Claiming insurance does not allow you full benefit of "no claim bonus", for no fault of yours.
. The full claim is rarely settled and some amount is always deducted.
. Claiming insurance also goes against you in their data base, so you may have to pay higher premium.

In contrast in most countries the party at fault (or his insurer) pays the bill, and the victim's insurance rating is not affected.

[NetfreakBombay]

Originally Posted by avira_tk

I don't know why the courts didn't throw out the case and tell him to claim insurance..

That would have been the case if accused had insurance to begin with. At least, third party insurance.

Generally, insurance company will manage this case in MACT ("Court" for such cases).

[SamDiablo]

Originally Posted by Satyahari7

Hello BHPians,

I am Sandeep Hari, the person referred to in the above article. While I'm a decade old follower of this forum, this is my very first message/ post and I'm pleasantly surprised it's actually on a discussion about me! Never expected to introduce myself .

Welcome to Teambhp Sandeep.

What you did was absolutely right. Most of us do not take proper course of action due to various reasons. This results is reckless drivers having confident that they can get away and day by day such cases increasing but reporting remains next to nil.

[Chisels121]

I am sorry but how even a few members are supporting the rash driver. To be honest I am just going in my early tweens but even I know that what the advocate did was right. Nowadays any random Tom Dick and Harry shows his muscle on the road and this is the answer these idiots deserve to show that not everybody on the road is under their thumb.

Also I am pretty sure Mr. Sandeep has pressed attempt to murder charges too and that's the reason the court has suspended the passport. I mean anybody who has the knowledge of the law will put these charges and the court will accept as the driver literally pushed the advocate on the side which could have resulted in an accident.

There is a phrase and in Bihar which fits for exactly these situations:
"Log bhool jate hai ki har baap ka bhi ek baap hota hai jise dada bolte hai"
Translated: People forget that every father also has a father who is known as the grandfather.
Basically it means that every powerful guy should realise that there is someone with even more power out there.

[maximus_fiat]

Quite surprised to see people supporting rash driving on this forum. Overtaking from left in a single lane road is a strict no. He simply put others in grave danger. What if Satya had to deviate, he would be straight onto the path of incoming traffic.

Additionally, he could have apologized and I guess the matter would have been closed.

We all take advantage of the profession we are in. Here being a lawyer helped in knowing the right clauses and the process to follow.

But, overall kudos to Satya

[Ays7]

I would like to think that many people here are bitter because their interactions with the police did not have the same result as that of Sandeep. I am a lawyer myself and I know how painful it is to deal with Law Enforcement agencies, especially in matters that involve crashes and accidents.

I would really not like to think that anyone here on T-Bhp would have sympathies for the bad driver or encourage bad drivers or condone rash driving in anyways. That would go against everything that as a forum, T-Bhpians would believe in.

Now as for the passport, no court will make you surrender your passport or cancel your passport for such a trifle offence. Most likely what Sandeep meant was when you try to renew your passport, you have to provide details as to whether you have any ongoing criminal cases against you, and this one might fall in that bracket.

Otherwise, as no lives were lost or there were no injuries, there is no way court would impound or take over or cancel your passport.

Yes, what the rash driver faced was consequences for his actions - and those were monetary in nature, as they should be.

I firmly belive that we have so many cameras and so many challans are issued everyday. Now if only we had a way to collect those challans and make people pay, the driving sense would automatically improve.

I know of a few people who had to pay a fine for driving without a helmet - once was fine, twice was fine, thrice was fine, but if you get caught more than that every month, that fine starts to add up and there will be automatic compliance of laws.

We have enough laws, the problem is implementation. I think if the fines are diligently collected, the difference on ground will be noticeable.

P.s. During this discussion with an officer of law enforcement once, he was of the opinion that this would open a completely different Pandora's box - many errant drivers have fake number plates, or are driving stolen vehicles etc etc, and that the police simply do not have the numbers to deal with that.

[thanixravindran]

Originally Posted by Satyahari7

Yes,

Originally Posted by Ays7

We have enough laws, the problem is implementation.

The original post states this -
He also submitted a Section 63 BSA certificate affidavit for electronic evidence.

Being lawyers, will you please explain in detail how to do this? We have Dashcam for car and CCTV for Home. But do not know how to use it as admissible electronic evidence in case of case. Does this affidavit to be submitted in police station or court? It can be a self certified affidavit or notorized one or legal affidavit that should be done by a lawyer only? What happens after that? Does it go to forensics to be sure it is not tampered if other party contests it?

Mods - Apologies if this OT but it will be good information on how to do it properly if any one is taking legal route.

[Gaur]

Thanks a lot Sandeep Hari for whatever you are doing, at least one person will be learning a lifelong lesson from this incident.

Most of us here probably dream of doing what you have done and you being a lawyer definitely helped, my mother always says you should always have a lawyer and a doctor in the family, in an age where the legal/medical system is stacked up against a simple law abiding citizen having someone in the family who can guide thru such scenarios is no less than having a life insurance.

keep up the good work you are doing.

[sgmuser]

Originally Posted by avira_tk

don't know why the courts didn't throw out the case and tell him to claim insurance. The best thing would be to call his case after 25 years, the way common people are made to. It's a tragedy that ambulance chasers benefit from the system while actual victims will be left to rot.

Very unfortunate that you didn't see the fact that someone did a wrong or illegal overtake and didn't bother to even talk about it, rather abused him and went. Now the legal course available to the lawyer is available to everyone in this country. If you're righteous and persistent of course anyone can achieve what he had achieved. I support this example, everyone should learn and make sure to fight for their right. Indian roads are full of potholes and morons who has no sense or mind. Only law can teach discipline. I support this lawyer. He decided to punish someone who is a moron and had no insurance for gods sake. The process could be easier for him but it's for everyone.

Recently similar thing happened. We were waiting in the signal for a U turn. I was right behind a Ford ecosport. There was a tanker in front of Ford. The tanker started to simply reverse without caring about what's in the back of him. He hit the Ford and Ford reversed and hit my Thar. The lady who was in the Ford and her driver chased the Tanker and caught the drunken driver. He had no driver license and insurance. I called the police and they immediately reached the location. Actually the driver ran away after seeing the police but we kept the license. Tanker had phone number written all over and police managed to catch the owner. I know nothing much might have happened after this but myself and the Dr decided to make sure the culprit gets handed over to the police, we just did it.

So, talking rubbish about the person who decided to take legal action is simply nonsensical to me. He did the right thing. He used his knowledge.

[BrakeDancer]

Originally Posted by avira_tk

This story is simply untrue, he got the fir filed because he is a lawyer, or the cops would have told him to take a walk. The fact that he is using court craft to harass the victim is proof that this charlatan is in it for the money. No court should suspend your passport for denting another car. I'm really interested in the amount of compensation he's after, 27k to fix a broken mirror cap? Does he have any other dents on his car, he's getting a free makeover, courtesy the system he's adept at playing.

I don't know why the courts didn't throw out the case and tell him to claim insurance. The best thing would be to call his case after 25 years, the way common people are made to. It's a tragedy that ambulance chasers benefit from the system while actual victims will be left to rot.

Is this a joke? If yes, it's a supremely bad one. How is any of this 'untrue'? The person who endangers the life of the other on the road, wilfully, deserves nothing better than this outcome. In a world in which we routinely let things go just because we may not have the time, energy, or inclination for this, it's wonderful to see someone pursue justice the right way and bring the offender to task.

What court craft? Using the rules that are in force is not court craft. The passport has been suspended probably because there are criminal charges at play here too. You have a seriously warped sense of right and wrong if you think the other fellow here is the 'victim'.

Well, the court didn't throw out the case because thankfully there was a judge there who knew the difference between right and wrong, and who the victim and the aggressor in this case is.

Lastly, just because the victim is a lawyer doesn't mean that you will cheer for the offender. It seems like you're letting your own prejudices come in the way of evaluating what's right and wrong. It's also not your prerogative or mine to determine who is the actual victim. That's for the court to decide, and they have. Cheers.