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Rakesh (Manager)     12 August 2014

Mact case judgement at district court

Hi Lawyers Club

My queries to lawyersclub is- " What is the probable scenario may arise of a MACT cases after judgement made by district head quarter court  against United India Insurance Company to compensate the amount within 60 days.??

Case Brief Note:-

MACT case has been filed by petitioners against United India Insurance Company & Owner of truck involved in the accident in Feb 2012 which includes an Injury case of my mother and death case of my father.

-  The tribunal court has given the judgement on May 2014 ( after 29 Months ) with  

 a. Rs 31.75 lacs towards the injury case which includes approx 19 lacs medical treatment bills. 

b. Rs 15.5 lacs compensation towards the death case of self employed father.

this judgement has been pronounced to pay the aforesaid compensation within 60 days of judgement.

Kindly share your suggestions to petitioner here as the petitioners are already exhausted with loans from their relatives during the treatment of injured patient.

 

Thanking you in advance.



Learning

 4 Replies

SANTOSH CHOUDHARY (advocate)     12 August 2014

Even after passing of 60 days if the judgment debtor donot comply ie deposit the awarded amount, the claimant could file execution for recovery of the awarded amount with interest before the award passing court or tribunal.

T. Kalaiselvan, Advocate (Advocate)     16 August 2014

If the respondent has not paid despite the orders of award and has not preferred an appeal against the order before the higher court, an execution petition for recovery of award amount with interest may be filed before the same court where the award was passed.

Rakesh (Manager)     16 August 2014

As per past record of compensation in MACT is the company delay to pay the compensation. If so, how many days extra?

Our judgement is already 93 days old as of now. Can anyone suggest at this juncture what we should do.

 

T. Kalaiselvan, Advocate (Advocate)     16 August 2014

You have been advised to file an execution petition for executing the order of award, in which the provisions for interest as per the order will be found, contact your lawyer and discuss further on this issue instead of repeating the procedural queries.


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