JUDGEMENT
W. Diengdoh, J. -
(1.)An FIR dtd. 5/8/2019 was lodged before the Officer In-Charge Sadar Traffic Branch, Shillong by one Shri Santosh Kr. Rai informing the police that a motor vehicle accident occurred on 3/8/2019 at about 7:45 PM or so at the Golf Club, Shillong where his younger brother Master Sagar Kr. Rai aged about 12 years was knocked down by a motor bike bearing registration No. ML05 R-3575, its driver being Shri Nail Nolianson Khongwir. As a result of the said accident, the victim suffered multiple injuries and fractures on his body and was admitted at Super Care Hospital in a critical stage.
(2.)On receipt of the said FIR, Sadar PS Case No. 166(8) of 2019 u/s 279/337/338 IPC was duly registered. In course of investigation, a prima facie case u/s 279/337/338 IPC was found well established against the accused person Shri Nail Nolianson Khongwir and the matter was forwarded to the competent court of jurisdiction for trial. Accordingly, a criminal case being GR Case No. 354(A)2019 was registered and the matter is now pending before the learned Judicial Magistrate First Class at Shillong. The stage of the case is for framing of charge.
(3.)In the meantime, the Petitioner and the Respondent No. 2 herein have come to an understanding and compromise amongst themselves and has agreed to settle the matter amicably on the assurance of the Petitioner to settle all the expenses for the treatment of the injured. It may be mentioned that the injured was subsequently discharged from the hospital on 2/9/2019 and all the expenses amounting to Rs.3,32,443.00 (Rupees three lakhs thirty two thousand four hundred and forty three) only was settled by the Petitioner herein. The copy of the compromise deed mentioned above is annexed with this petition as Annexure-5.
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