need of lawyers in MACT cases?

legal practitioner

whether there is any need of lawyers in MACT cases...... ?????

 
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Advocate

As per the Assam Motor Accidents Claims Tribunal Rules, of 1960, if not amended, it is the discreation of the Claims Tribunal to allow any party to appear through a legal practitioner. Ofcourse in my State I do not know whether we are following Assam MACT Acts and Rules   or other States Claims Tribunal Acts and Rules etc. But there is a rush for MACT cases with Insurance company having their own panel.

 
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legal practitioner

mr sarvesh i think you ve little bit confusion... i only ask that why  lawyer taken 8% or 10% legal fees from the dependants of deceased  person in MACT cases... when a layman can give his statements n face the simple trial easily.... ... in  MACT cases i dont think there is very difficult process... i.e. like family court etc.......  i dont think there is any need of legal assistance is necessary in MACT claims....... thanks,,,,,

 
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MACT cases are not as simple as appear to be.  There FIR, site plan, non-negligence of the victim and negligent act of the driver of the vehicle and in some cases the lack of road worthiness of the vehicle have to be proved and the driver has to be identified and eye-witnesses have to be produced.  Hence, legal assistance is utmost important.

Even in family matters also, advocates'  role shall not be underestimated.

In these days, it is observed that a systematic attempt is being made to diminish the role of advocates and publicly critisising them, rediculing them etc.  Some Acts are either prohibiting or restrcting the participation of advocates in judicial proceedings.  It appears that the advocates have to serve only multi-national companies and big coporate houses of India and they are not to represent the deprived sections of the society.  When their cases come, instead of dispensing justice on the basis of judicial principles, they are sent to mediation centre so that they will accept the petty amounts offered by opposite corporations.  In MACT cases, if the advocates will not be there, the insurance companies run over the victims' families mericilessly and pay the amounts for which only peanuts can be purchased. 

 
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Lawyer

Mr Prabhakar is right. Fighting MACT cases is not that easy, the reason being unless the rash and negligent driving of the driver of the offending vehicle is proved , the Tribunal will not give a finding that the driver of the vehicle is responsible. IF the driver of the verhicle is responsible for the accident , then vicariously the owner is liable and the liability of the owner to pay compensation is shifted to the insurance company as it covers the risk.

             As to the other aspect of taking 8 to 10 % fees, it is illegal and cannot be enforced, the reason being that a lawyer cannot base his fees on the outcome of the case.  

 
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Agree with Prabhakar and Rajan. there is certainly a need of a expert in every field. the Procedure of M.A.C.T will only seems to be easy who knows the procedure well.  

 
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