In an accident pedestrian Injured. He asking lot of money. What to do?
I was riding my vehicle ( 2 wheeler) and suddenly one person( his age is 73) jumped in between the road and i happened to hit him .I took him to the nearby hospital and FIR was filed the very day . Unfortunately i didnt have insurance for my vehicle . The expenses the victim had is 10 lakhs and he is expecting cash from me, kindly advice if should i go for the case and what will be the consequences i will have to face and also advice if there is any other way to solve the issue.
A motor accident has two facets, one is the commission of criminal offence and the other is compensation claim. The person responsible for causing the accident by negligent driving is liable to be booked for criminal offence,
Further liable to pay compensation to the victim.
In your case since the FIR is filed, the matter will go in the court and the State has to prove that the accident took place with your scooter and you were driving the same rashly and negligently. In such cases the statements of the eye witnesses (if any) to the accident is required to be produced during the trial. It is also to be proved that
the pedestrian was not at any fault. To claim compensation you have to file a separate petition under Motor Vehicle Act in the Motor Accident Claim Tribunal.
As mentioned above , if a criminal case, and State is able to proove that you were driving rashly, then according to the offence prooved you will be punished and you will have to pay compensation to victim. However going through your facts, we suggest that you should defend you case and submit that it was the fault of pedestrian then court can
also impose penalty on him
Since an FIR has already been registered against u, you need to face trial. So far as the payment of expenses is concerned, the same can be taken into account after due deliberation with the injured and considering the injuries suffered by the victim. During the trial, you wil get a chance to prove that the accident took place bcos of the mistake of the old person. But since the vehicle was not insured, the liability to pay rests with u.
Advocate Jiwan Pal SinghTis Hazari Court, Delhi
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