Gaurav (CA) 18 September 2011

2 years - road accident case- home & business sold

Hi,

My friend's father met a road accident nearly two years back. He was hit by a girl who was driving rashly per the witness statements.

He has lost his mental balance due to the damage to part of brain.

He had a daughter only and she had to sell off her business and the house, to fund the treatment of Rs 900000+ and ongoing monthly expenditure of Rs 20,000.

As her daughter cannot take care of all his needs, a attendant is kept to take care of him.

It has been 2 years now, and yet the court is not decided. Is there any way we can request for early closure.

PLEASE HELP AS IT HAS BEEN OVER 2 YEARS AND WITH HOUSE AND BUSINESS BOTH SOLD OFF, IT IS DIFFICULT TO SURVIVE.

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2 Replies

adv. rajeev ( rajoo ) (practicing advocate) 18 September 2011

What is the stage of the case? His daughter can apply for claiming interium application in the same case.

Gaurav (CA) 18 September 2011

Sir,

Interiem compensation offered is only 25,000. The lawyer had offered for reconciliation on which Judge added why you need reconciliation at such late stage after 2 years.

I guess he said so as under Reconciliations amount would have been low.

Also please share if claimed compensation of 60 Lakhs is justified based on:

1. Hospitalisation and Treatment cost : 10,00,000 Nealry

2. Monthly Attendant cost & Medicines cost: 20,000 PM

3. Loss of Income : 600,000 PA

During intial stages we were not sure about the nature of injury and possible expenses. Now I assume, given the patient age of 45 years, we should increase the compensation?

Can we now increase the compensation?

Further, please share why it is taking so long to close the case sir.