Satish (Analyst) 22 September 2010

Motor Accidents Compensation Claim

My borther passed away from a motorcycle accident 7 yrs back and the compensation claim was filed in motor accident claim court in chennai (High Court Campus). He was 22 yrs old and working in a private sector company and earning 8000 rs per month and was studying Graduation by distance education. He has also acted in a movie before and was a having a high hope achieiving bigger things in this field. Recently the judgement was passed and we were awarded a compensation of 3 lakh from the tribunal. The counsel who had appeared from our side did not handled the case judiciously and seem to be faourable to the other party (The insurance company). I wanted to go for appeal against the award. Iam not sure if i have to accept the award before going for the appeal or Should i have to go for appeal with out accepting the award? Also am looking for some advocate in chennai who is good in handling litigation related to Motor Accidents. Kindly Suggest?

Regards,

Satish

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4 Replies

adv. rajeev ( rajoo ) (practicing advocate) 22 September 2010

you have to file a an appeal before the high court because compensation awarded by the court is megre, definately compensation will be enhanced, so without accepting the amount file an appeal.

adv. rajeev ( rajoo ) (practicing advocate) 22 September 2010

It seems that you have not shown the income of your brother properly

Satish (Analyst) 23 September 2010

Thanks Mr. Rajeev for the reply. Actually the advocate who had represented our case have not handled the case very well and they always never use to accept what ever we say in our brother's case. We suspect they played foul with us. Now they are forcing us to accept the compensation.

We do not want to accept the compensation now and want to go for appeal in higher court. Iam not sure when the judgement was awarded in this case and they never use to update us on the proceedings.

Is there any timeframe to go for appeal in the higher court for motor accident cases?

If our current does not agree for appeal and does not give the required papers, what should we do?

Please kindy suggest?

valentine (Advocate) 22 October 2010

The MVA Tribunal passed NFL Order. The Opponent filed writ which was returned without opinion and was advised to prefer fist appeal U/S 173 MV Act which stipulates payment of 50% of ordered amount for admission. The case in the Tribunal proceedings and final order may be issued. The party has left the state and delaying the payment saying they have filed the appeal. However, it is not admitted as yet and hence no instruction from HC to the Tribunal.

Now how to make the party pay compensation? Can the claimant write to the Chief Justice? Or join in the case pending at registry query level and submit his request for calling the opponent to the court and make payment? What is the procedure for such a case?