NMV
4 months ago
I met with an accident with a motor bike. The person came from nowhere and hit my car in front. He was not wearing his helmet and he got injured. The people on the road took him to the hospital without even telling me. I was in a shock mode and my vehicle couldn't be moved. The person is out of danger and came out of the hospital. He is a labour working for a company nearby. Now an FIR has been filed against me when I agreed to a settlement with these people and after many weeks, I am told that FIR was lodge against me, which I didn't know. I was not driving more than 70kmp and was on my lane. However now I need to settle the amount and go to lokadalat as per the authorities. I do not even know if this matter will end because the other party are mentally torturing me and I agreed on the settlement. But this FIR is a surprise and unfortunately I might not be present for that day... What should I do in this case? Do I settle the full amount and wait for the lokadalat? Can I not present at that time?
Every Hospital/Nursing home keeps an MLC(Medico-Legal Cases) register wherein accident/ assault/poisoning/ burn cases are registered by hospital authorities and submitted to the local police station. Fall and fracture of body parts is considered an accident and comes under the purview of Medico-Legal Cases. A medico-legal case should be registered by the treating Doctor of the hospital as soon as the patient is brought to the Hospital and admitted for necessary treatment. Under Section 39 of Cr.PC, the attending MO of the hospital is legally bound to inform the police about the arrival of an MLC. Based on that MLC, police registers a FIR with the available inform available from the victim of the motor accident and making preliminary inquiry/ investigation, a final report is prepared and sent to the Court where a case is registered against the regstered owner of the vehicle. So, when the case is referred to Lok Adalat, you should take the opportunity to settle the claim of victim and on the basis of settlement between the parties, Lok Adalat disposed off the case after hearing the parties and assessing the fairness of the settlement arrived at on bargaining between the parties through mediation process which is less expensive and hassle free. The order passed by the Lok Adalat on the basis of settlement arrived at is binding on both the parties. Reach out to an Advpcate for guidance and steps.
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