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Flasely booked in a Motor Accident case
29-Nov-2023 (In Motor Accident Law)
I have been Falsely booked under sections 338,279 IPC for 134 a,b and section 187. A person, who was drunk suddenly came infront of bike while crossing the road. My bike tyre hit his leg and he got hurt. I immdiately took him to the nearby hospital got his checked and got his first aid done. Now after 3 weeks of the incident, the person has logged an FIR against me to get the insurance amount. As there was no fault of mine I want to make sure i dont get penalized for this and make sure my insurance money is not claimed. I have done everything from my end. Can I book him under section 182 for false FIR as 134a does not apply. Note : I did not inform the police after the incident as I thought getting him treated would be enough.
Has any case been registered against you for rash driving u/s279 of IPC by the Police? Enquire. If not then relax. Nothing will happen to you. If yes, then collect evidence including photographs of the spot of the accident, conditions of the cars after accident, if possible. For insurance claim for repair, the insurer has certainly taken photograph of your car. Collect one copy from him.
Accidents are not punishable but accidents due to rash driving are punishable. You shall have to prove that you did not drive rash,
Accidents are not punishable but accidents due to rash driving are punishable. You shall have to prove that you did not drive rash,
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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