Motor Vehicle Accident Court Cases – Petitioner Sandesh Jedhe, who claims to be a self-made citizen concerned about road safety, in his PIL asked the police to invoke Section 304 against the accused in the accident-for-murder case.
The Bombay High Court on Tuesday sought to know the locus standi of a man on its right to approach the court on his PIL seeking murder charges against Dr Anahita Pandoli, who was driving the car that hit and killed former Tata Sons chairman Cyrus. teacher
Motor Vehicle Accident Court Cases
Petitioner Sandesh Jedde, who claims to be a self-respecting citizen concerned about road safety, in his PIL sought a direction to Kasa police station in Palghar district to invoke Section 304 (culpable homicide not amounting to murder) of the Indian Penal Code. Defendant in the accident case.
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Mistry (54) and Jehangir Pandole died on September 4 when their luxury car crashed into a divider on a bridge over the Suriya river on the Mumbai-Ahmedabad highway. Dr Anahita Pandol (55) and her husband Darius Pandol, who were driving, were seriously injured.
Hearing the PIL on Tuesday, a division bench of Acting Chief Justice S V Gangapurwala and Justice Sandeep Marne sought to understand Jedhe’s locus standi in the case and how he can perform the job of a senior magistrate.
“This is the job of the magistrate. It is the magistrate who can decide what charges to impose. Do you (the petitioner) want the High Court to act as a magistrate? What is your locus standi? How do you worry about that?” asked the court.
The bench added that the police concerned can add any complaint and it is up to the magistrate to consider it and see if any other charges need to be framed.
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Jedde’s lawyer, Sadiq Ali, argued that the petition has evidence that Anahita Pandoli was under the influence of alcohol at the time of the accident.
In his petition, the petitioner points to a CCTV footage that allegedly shows Anahita Pandoli drinking alcohol in a cafe the previous night (September 3, 2022) while driving the car carrying Mistry, among others.
Appearing before Anahita Pandoli, senior counsel Abad Ponda said: “It is based on the belief that he was under the influence of alcohol. The police have taken evidence.” Prosecutor Aruna Kamat Pai, who appeared for the police, explained that “the evidence was negative”. Ali then stated that he had more material to prove his case and was trying for one last chance, after which the court heard the matter on January 17.
The petition also said that Darius Pandol should also be charged for the offense of Section 304 IPC along with Anahita Pandol as he was the owner of the car and did not stop his wife from driving the car despite allegedly knowing- not drinking habits”.
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The complainant also alleged that Darius Pandol had prior knowledge of Anahita’s alleged aggressive driving, which resulted in the vehicle allegedly hitting seven traffic barriers for speeding and jumping signals.
(Other than the headline, this story has not been edited by staff and is published from a syndicated feed.)
World News PNR Status Education NewsBusiness Sports News MP Chhattisgarh News Win Farmers Protest Pakistan Election Results PM Narendra Modi Basant Panchami 2024 Happy Valentine’s Day 2024 Unfortunately, car accidents are a common occurrence on roads around the world . When such incidents occur, the consequences often include lawsuits to determine liability and seek compensation. But how often do car accident cases end up in court? Let’s delve into some surprising statistics that reveal the frequency of judicial involvement in these situations.
Surprisingly, the vast majority of car accident cases are settled out of court through settlements. According to recent statistics, approximately 95% of all personal injury claims resulting from car accidents end in settlements rather than going to trial. This indicates a widespread trend where the parties involved prefer to reach settlements without protracted court battles.
Is Taking Your Car Accident Case To Small Claims Court Right For You?
Several factors contribute to the superiority of settlements. Time and cost efficiency play a crucial role, as going to court can be a long and expensive process. In addition, settlements give both parties more control over the outcome, allowing for tailored settlements that may not be possible through court decisions.
Although most cases are settled outside the courtroom, certain factors can cause a dispute to become heated in court. These factors include:
When there is a significant dispute over who is at fault for an accident, the parties may have difficulty reaching a settlement agreement. In these cases, going to court becomes a way to determine liability before a neutral third party, a judge or jury.
Cases involving serious injury or long-term consequences may end up in court. The stakes are higher and parties may be less willing to compromise compensation for major medical expenses and ongoing care.
What Happens If A Car Accident Case Goes To Trial
Cases involving uninsured or underinsured motorists can complicate the settlement process. In such cases, legal action may be necessary to obtain adequate compensation.
The surprising reality is that most car accidents do not go to court. Settlements offer a faster and more cost-effective solution for both parties involved. Certain circumstances, such as disputed liability, serious injuries, or insurance coverage issues, may increase the likelihood of court intervention. Understanding these dynamics can help people more effectively navigate the legal landscape when it comes to car accident outcomes. After your accident, you contact the Insurance Commissioner to tell them about the accident and make a claim. If you haven’t already done so, you must also report the accident to the police, as the law requires you to report a traffic accident when someone is injured.
Be sure to keep your Insurance Commission claim number in a safe place! Also make sure you have
It is a good idea to get legal advice early in your claim. If you contact us, we can get you preliminary data, give you initial advice and arrange a meeting to give you further advice and get all the relevant details from you.
Car Accident Insurance
We will work with you to obtain all the evidence necessary to support your claim. This includes
We will meet with you approximately every three months to discuss how your complaint is progressing and to develop cases.
The length of the claim process ultimately depends on the type of claim you are making. Once the doctors recommend that your injuries are stabilized and the final specialist medical reports are issued, we can begin settlement.
It is important that there is no further deterioration, or that we know what this deterioration might be. Once you accept a settlement offer, you cannot go back and ask for additional compensation. It is therefore important to seek expert legal advice before accepting an offer to ensure that the offer is reasonably safe. The plaintiff alleged that the vehicle driven by Ataullah Khan bearing No. KA-17/N-5130 hit the deceased Shukru Sab and his grandson Vasila when they were near Bhadri’s shop. This collision resulted in serious injuries to Shukru Sabi leading to his tragic death and Vasila also sustained injuries. Accordingly, the appellants sought compensation for the incident.
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In this case, the insurance company was the only opposing claim, and the driver and car owner did not contest the actions. The insurance company denied all the claims made in the petition and said there was an unexplained delay in filing the claim. They further claimed that Ataullah Khan was not involved in the accident as medical records showed that Aktari, son of Ameer Jan Khan, was the driver. The insurance company argued that since Akhtar, who did not have a valid driving licence, was hired as a driver in place of Ataullah Khan, he should not be held liable.
The insurance company further alleged that there was collusion between the police and the complainant and claimed that the charge against Ataullah Khan had no legal consequences.
The court, taking into account the inconsistencies of the driver’s name in the medical records, accepted the arguments put forward by the insurance company. Consequently, the Insurer has been exonerated from any responsibility in this matter.
The court ruled that the Motor Accident Claims Tribunal’s findings that the other driver was at fault for the vehicle could not be accepted after the relevant criminal court had already convicted the driver of reckless driving and carelessness with death. The court noted that the insurer did not adduce any evidence to support the allegation that the hospitalized person was different from the first respondent, Ataullah Khan. Relying on medical records alone does not support the other driver’s claim.
How Long Does A Car Accident Claim Take To Settle?
Since the police conducted an investigation, charged Ataullah Khan, and the criminal court, after a trial, convicted him of careless and negligent driving, the court concluded that Ataullah Khan was indeed the driver in the time of the accident. Based on the guilty verdict issued by the criminal court, it was established that Ataula
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