Bengaluru | 27 Nov, 2020 (1 year, 12 months ago)

Criminal Law

motorcycle accident - hit and run

I have met with an accident on 1 Aug 2019. A pedestrian suddenly jumped from a partially barricaded divider on the national highway 48 near electronic city despite braking from 60 to 65 kmph speed the distance was too less and there was a lot of vehicles behind me resulting in the pedestrian being hit by my motorcycle. He had a fracture and has recovered fully. My motorcycle has been in police custody since last year. I have taken bail and willing to pay the fine as there was no insurance on the motorcycle at the time of accident. The pedestrian and his family has never approached the court. I want to contest the case on the grounds that he was jaywalking on a national highway at around 9PM. what are my chances of winning? Also since my bike is getting damaged under police custody and I have been paying emi for the last one month who should compensate for the damages that i have encountered.
Answers
23 Jul, 2021 | 17:16

I think your query would have been solved till now & you would have got the proper legal assistance for your case. But my opinion regarding your query is that if the injured is not claiming for anything then you must not go to the Court for compensation as you cannot get any compensation as your motor cycle was not insured and you will also be held for contributory negligence in this case, you have a fair ground though but you will have to fight for long to win this case and till you get justice in this case, the person held liable to pay compensation may not be alive. So Please as per my opinion you must try and hurry to dispose your criminal case or else apply for custody of your bike. Don't take it otherwise, I am an Advocate but Indian Judicial system is not that simple. All the very best.


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