Motor vehicle compensation

Querist : Anonymous (Querist) 06 March 2020 This query is : Resolved
On the merits of the case Tribunal awarded compensation of Rs.40 lakhs as motor vehicle accident compensation in road accident death of 20 years old B.Tech final year students who got campus recruitment in TCS. Now the Advocate is demanding 50% of the compensation awarded though he initially agreed a lumpsum advocate fees of Rs.3 lakhs. The insurance company credited the funds to Court a/c and now advocate has to proceed further for getting that funds in the name of petitioners. He is creating problem now. What is the recourse for the petitioners ?

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A family received a Rs. 40 lakh compensation award for a fatal road accident. Their advocate, who initially agreed to a Rs. 3 lakh fee, is now demanding 50% of the compensation. The petitioners are seeking recourse as the advocate is allegedly creating problems in releasing the funds. Experts advise that such a demand is illegal and constitutes professional misconduct. They recommend attempting to resolve the issue amicably with witnesses, or filing complaints with the Tribunal and the Bar Council.

Raj Kumar Makkad (Expert) 06 March 2020
The demand of the lawyer is highly appropriate and illegal. The lawyer cannot demand more than the already agreed fee. You humbly request him in the presence of one or two influential known persons of you and court process and persuade him to stick to his agreement failing which make his complaint to same Tribunal in writing as well as to Bar Council of that State. Tribunal shall take strict action in the matter and even shall provide you free of cost lawyer from Free Legal Aid and shall get the petitioners identified through him and shall get released the voucher through treasury. You should not bow to the illegal greed of that lawyer.

I am shocked to know that how that lawyer can demand such amount irrespective of the fact that he may lose his certificate of practice due to his clear-cut misconduct?

Advocate Suneel Moudgil (Expert) 07 March 2020
well advised by expert makkad ji, nothing more to add

Dr J C Vashista (Expert) 08 March 2020
I endorse expert advise of Mr. Raj Kumar Makkar.
Supreme Court (1955) 1 SCR 490 , this Court held that the claim of an advocate based on a share in the subject matter is a professional misconduct.
In VC Rangadurai versus D. Gopalan (1979) 1 SCC 308, para 3110 , it was observed that relation between a lawyer and his client is highly fiduciary in nature. The advocate is in the position of trust.
Rule 20 of Part VI, Chapter II, Section II of the Standard of Professional Conduct and Etiquette reads as follows :
“An advocate shall not stipulate for a fee contingent on the results of litigation or agree to share the proceeds thereof.”

Rajendra K Goyal (Expert) 11 March 2020
Agree with the expert Raj Kumar Makkad Ji and Dr. J. C. Vashishta Ji.

T. Kalaiselvan, Advocate (Expert) 21 March 2020
I too endorse the views of learned experts above in this regard.
If the said advocate is not cooperating or not willing to accept the already fixed fee, a complaint about the said advocate's exorbitant demand may be made before bar council besides a complaint can be be submitted to the concerned bar association as well.
This is disgusting and disgraceful.

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