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Motor Vehicle accident

(Querist) 10 August 2008 This query is : Resolved 
I lost only brother in road accident in March 17 2003.He was 29 when was killed in the accident.He was riding a two wheeler and was hit from behind by speeding tipper lorry.He was married with two children
We have filed insurance compensation to seek some kind of monetary benefits to his kids.The case has not moved to any extent.It jus remains as filed in the chennai High court.
I request the esteemed experts to let me know whether the delay is part of our judicial process of the enormous amount cases filed each year or is there any process to take it and speedup the same.in simple words how long does it take for a case to be heard by the panel.
Srinivas.B.S.S.T (Expert) 10 August 2008
Dear Divakar I am very sorry for what has happend to your brother's family. I can understand your psychological state. The problem with MVOP cases is that the Respondents mainly the owner of the offending vehicle usually resides in another state or town. The main reason for delay in trial of MVOP cases is that the service of summons take much time. Once the summons are served then the case will proceed with fast pace. To make you aware of the fact that after obtaining a decree against the insurance company again you have to wait for considerable time to receive the compensation amount as generally the courts will direct to deposit part or most of the compensation amount into court's fixed deposits until expiry of certain period. This rule has been made only for the benefit of the dependents. For further clarification you can contact me at s_bsst@yahoo.com or can call me at 94401-20259
K.C.Suresh (Expert) 10 August 2008
Interim relief will be awarded to the depndents. Move before the court. Delay and MACT cases are twimns. Don't worry the reason for the interim relief is inordionate delay. So try for that. good luck.
KamalNayanSaxena (Expert) 10 August 2008
Dear Diwaker,
It is not clear from your query that what kind of compensation you have saught and to which court.

Normaly Tribunals does not take so much time.



Srinivas.B.S.S.T (Expert) 14 August 2008
As my friend Suresh Ji said you can file a interim petiton under no fault liability


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