One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.
Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.
TL;DR: A low settlement offer from the police does not bind you. The criminal case and your compensation claim are two separate tracks, and you can pursue full medical expenses and other losses before the Motor Accident Claims Tribunal under Section 166 of the Motor Vehicles Act even while the FIR proceeds. Do not sign a compromise for less than your documented losses.
Key Facts of the Case
- A scooter carrying two women was hit by a car overtaking from the right on a Pune road; the car did not stop.
- Both riders were injured. One suffered a fracture in the right arm and needed follow-up treatment.
- The family filed a police complaint the same day. CCTV helped the police trace the car and the FIR was registered.
- The FIR was registered under Section 125(a) and Section 281 of the BNS, along with Section 187 read with Section 134 of the Motor Vehicles Act.
- The accused was initially shown as unknown; the vehicle was later traced and seized.
- Documented medical expenses were roughly ₹35,000 to ₹40,000; the offer on the
Facing a similar matter? Speak to a criminal advocate in Delhi — Advocate Sudhir Rao appears in bail, trial and appellate matters before the Delhi District Courts, the Delhi High Court and the Supreme Court of India.