Motor accident claims

Querist : Anonymous (Querist) 03 December 2020 This query is : Resolved
Hon'ble Court awarded claim amount of 43 lakhs in motor accident compensation. the petitioners only child (son) met with accident and claim was awarded in october 2019. As per judgment 75% of compensation to be paid immediately and remaining 25% to be kept in Fixed deposit. Though insurance company deposited the awarded amount due to corona pandemic situation 75% of the amount was paid to the petitioners after 9 months credit of amount by insurance company. After 3 months of payment of 75% of the amount, the petitioners who are 66 years old (father & mother of the deceased) claimed for remaining 25% of the claim on health grounds which is actually due in October 2021 as per judgment. Their petition on health grounds is not allowed and they have to wait till October 2021. Here advocate argued that the parents don't have any other legal heirs except the deceased, they are 66 years old and moreover mother underwent surgery few years back and father is having neural problem and both are under continuous medication for the rest of their life. if this 25% amount is allowed now they can take care of their health and other things for rest of their life. Humble request to all experts to suggest grounds for claiming 25% amount and elucidate if any guidelines are there from Apex Court or any previous cases relevant to this.

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Guest (Expert) 04 December 2020
You have an Good Case. Better Check whether the following Judgement would serve your purpose

Guest (Expert) 04 December 2020
1) Guidelines of Supreme Court in the case of General Manager -- Kerela State Road Corporation VS Sushma Thomas --1994/1--TAC-323

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Guest (Expert) 04 December 2020
2) Shabeen Bano VS Motor Accident Tribunal --2007-2-Tac--755

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Guest (Expert) 04 December 2020
3) Nawaz Khan VS Motor Accident Tribunal / Additioal D.J.Court --- Allahabad High Court 10th Sep -- 2008

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Rajendra K Goyal (Expert) 04 December 2020
Since the grounds of ill health have already been rejected, either go for appeal or wait for next 11 months. In case of appeal, time may be taken more than one year associated with cost . However, decision to approach law is yours.

Can discuss in detail with your lawyer who is well aware of full case file.

Rajendra K Goyal (Expert) 04 December 2020
It seems the money is kept in the Bank in the form of FD. You can approach Bank to give you loan as per their policy on such FD. Bank can give loan upto 90% of the deposit provided every aspect is clear.

Rajendra K Goyal (Expert) 04 December 2020
Repeated query:

https://www.lawyersclubindia.com/experts/motor-accident-claims-724846.asp

https://www.lawyersclubindia.com/experts/motor-accident-claims-724836.asp

https://www.lawyersclubindia.com/experts/motor-accident-claims-724831.asp

https://www.lawyersclubindia.com/experts/motor-accident-claims-724826.asp

Dr J C Vashista (Expert) 05 December 2020
Mr. /Ms Anonymous,
You have adequately been obliged by experts
The story is being repeated time and again which is ridiculous and absurd.

Dr J C Vashista (Expert) 05 December 2020
It is better to consult and engage another local prudent lawyer for appreciation/ analyses of facts / documents, professional advise and necessary proceeding if you are dissatisfied with obligation of experts on this platform and the lawyer engaged/ paid by the claimants.

Rajendra K Goyal (Expert) 05 December 2020
Agree, if not satisfied with the advice, better consult local Advocate.

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