faheem khilji (director) 14 September 2010

MACT death case award

Dear frnds.

please help me out.

case-my elder brother was comming from mumbai to indore by car and met accident with a truch near dhuliya and i lost my brother forever he was got died on the spot on 23 march 2006.

he has left 2 daughter and a wife ....

then we had filed a MACT Claim against the national insurance company as the truck driver submitted the comprensive insurance policy issued by national insurance company.

then insurance company's lawer presented the documents and prooved that the insurance policy was not valid at the time of insurance as the cheque of premium amount got dishonoured and insurance company informed the same to truck owner his policy was made in feb 2006 and got accident in march 2006.

and the truck was new 2006 model this is the first insurance of the truct.

before three days court has annouced his decision and the decision was in our favor the award amount is 3900000/-+6% interest

but this award against of the truck owner not for insurance company.

and we dont know the truck driver or owner ..then how can we get the money from him.

or can i apeal in hight court against of insurance company with(if) any previous reference .

frnds please help me from humanity ground and please workout and provide any decision or supreme court.

we have 85 days left to apeal agaist the decision of last result.

your suggesions will be highly appriciated.

please help me

Regards,

faheem khilji

99260-60000

indore

faheemkhilji@gmail.com

Reply Follow

3 Replies

M. A. Khan (advocate) 14 September 2010

The court has rightly awarded against the owner of truck. When there was no insurance on the date of accident, in that case insurance co. is not liable for the same. you can find out the address and location of owner from the documents and execute the award against them. Adv. khan Mumbai 9821477604

faheem khilji (director) 14 September 2010

Dear khan sahab,

thanks for the reply,

well even i trust on the decision of court.

but this is very tough to recover the awarded money from the truck owner please correct me if i am wrong

whats the process of the same.

also please try to find out any judgement of Honourable supreme court wheres the award liability goes to insurance company as the truck driver was carrying the insurance policy and after accident he was submitted the same insurance policy in the police station to release his truck.

and many times Honourable sent him notice to present in the court and published the notice on theres local news papers also but never he was presents in the court.

sir please try to find our any way to give the liability to insurance company or any other way to get the award soon.

as we are worried for my brother's wife and 2 daughters.

so we can assure for their good and secure future.

Regards,

faheem k

amit (advocate) 15 September 2010

Dear freind,

i have same case,but which policy cover note issued by agent he wrote payement mode is cash and no detail filled of any chek. but my party is gived cash payment.so i proofed that this is not my account chek.i payed cash so where i responsible for agent wrongness.this chek is issue by insurance agent and his signature and seal is there.so court against of insurance company award 4,85,000 rs.

ADV. AMIT NEMA,

JABALPUR HIGHCOURT

MO.NO.-9329430621