Motor accident case
Raahul
(Querist) 09 July 2016
This query is : Resolved
There is judgement given by the lower court for the Insurance company to pay the money.
The Insurance company did not pay or deposit part money is the court account. Instead went into appeal court to challenge the judgement.
We have not received any call from the higher to present our sides.
Insurance company has kept the matter hanging to deliberately delay the claim and are expecting settlement.
Our Lawyer filed for Darkhast in the lower court as we did not receive any notice from appeal court.
Our claim is deliberately delayed over 8 years using the judicial machinery.
Please advise what can I do about it. I attach copy of judgment and the status found online for your reference.
adv.bharat @ PUNE
(Expert) 09 July 2016
You can file contempt of court case against that company.
Sudhir Kumar, Advocate
(Expert) 10 July 2016
have you made recovery suit when there is no stay against judgement.
Rajendra K Goyal
(Expert) 10 July 2016
Proceed for execution of the judgement part if no stay given by higher court.
Raahul
(Querist) 10 July 2016
Dear Sirs,
We have not filed contempt of Court.
We have also not made recovery suit.
Our Lawyer advised to file Darkhast in the month of March 2016. Since then the Insurance company has not presented themselves in the court.
On the other hand in the appeal court Insurance company has filed condonation of delay in filing appeal.
On the contrary my lawyers says there is no option but to wait.
I take your advise and will work on it.
Dr J C Vashista
(Expert) 11 July 2016
1. I respectfully disagree with experts since there is no case for filing frivolous contempt of court since there is no deliberate disobedience of order passed by the court.
2. There is no case for recovery of the award amount.
3. You will have no alternative but to wait for outcome of the appeal, which may be expedited by filing an application for early hearing after receiving notice of the appeal.
