Advocate Pushpinder Kaur

Questions Answered by Advocate Pushpinder Kaur

Q: Unintended bike accident & complainant demanding huge amount

Hi greetings to all. My question is, recently in December 2017 my father met with an accident while he was returning from his duty. While he was driving some animal came on to road to avoid he turned aside and in the process bike hit to another bike coming from front, both of them got injured both the bikes got damages. The other person filed a complaint against my father with my father bike number, police on tracking with RC address they couldn't find the correct address, as the address in RC was our earlier address. Bike third party insurance was also lapsed and not renewed. What are the consequences of the complaint so filed on my father ? The accident so occurred was totally unintentional. Now the party who complained is demanding huge amount. What shall we do now get out of the case. Thanking you in advance.

Advocate Pushpinder Kaur answered
It amounts to contributory negligence.Though it was unintentional on part of your father,but even he has got injured and his bike also got damaged.It was the duty of the complainant also to have taken utmost care.Let him approach the Motor Accidents Tribunal to vent out his grievance and let the court decide.

Q: Cancellation of membership in country vacations as it is fraudulent

I have taken membership in Country Vacations by paying certain amount under false promises by their people. I came to know that Company is fraudulent and I want to cancel the membership. I want to make it clear that the application is mentioned as non-refundable which we have signed. Is there any chance to get my hard earned money back from them by cancellation of membership. Kindly advise.

Advocate Pushpinder Kaur answered
Firstly you have to identify the location and address of the company and give them legal notice stating about the fraud played on you by them and asking for the refund of your money within a stipulated time.After that period expires and still u don’t get back your refund you can sue the company by filing a Criminal case against it under Section 420 IPC.

Q: Accident as car hit a minor's bike but already informed police station

I was driving the car in NH from.Hyderabad to Vijayawada.An accident occurred at around 70 kms from Hyderabad .A 2 wheeler which was being ride by a minor of 15 years was driving on the middle of the Highway and not giving side even after honking.He was hit by my car from the side and fell down and had minor injuries.I have immediately admitted him in the hospital and paid for his treatment and informed in thPolice station.I want to know what will be the consequences if they want to proceed legally?

Advocate Pushpinder Kaur answered
As a good and law abiding citizen of India,you have done the best to your ability and capability.Keep the documents regarding your visits to the hospital and the information to the concerned,so that in case they take any legal action against you,you can defend yourself bonafidely.Thanks.