Help need in sec 338 case

This is a discussion on Help need in sec 338 case within the Indian Law forum, part of the International Law Issues category; I recently hit a girl (5yrs) while reversing my car. Her leg got fractured. Immediately I took her to hospital ...

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Old Aug 8th, 2008, 04:03 PM   #1
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Confused Help need in sec 338 case

I recently hit a girl (5yrs) while reversing my car. Her leg got fractured. Immediately I took her to hospital for treatment. the girl father filed a case against me in local police station. The case is registered under section 338. But after 20 days the girl was dispatched from the hospital after healing the fracture.

Now the case is pending in court. Could some one tell me how i can close the case as early as possible. I went for settlement with the girls father but he was demanding more money. My advocate suggested me to convict when the court call for examination and court would ask me to pay fine and leave. But some people are saying there would be a chance of getting punishment.

Please some one help me in resolving the case ASAP without any punishment.
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Old Aug 8th, 2008, 04:35 PM   #2
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Default Re: Help need in sec 338 case

The offence u/s 338 is compoundable offence, ie; you can plead before the court and the court will impose fine to the tune of Rs.1000-1500 upon you. But in some courts, the accused may be undergo imprisonment till the rising of the court. In normal case, imprisonment is imposed upon the accused. You need to engage an advocate, instead appear before the court party in person.

You need not pay any money to the injured child, if the vehicle is duly insured. The insurance company will pay for the damages sustained by the child.
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