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need of lawyers in MACT cases?

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


 6 Replies

N.K.Assumi (Advocate)     24 February 2010

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.

Sarvesh Kumar Sharma Advocate (Advocacy)     24 February 2010



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,,,,,

Rajan Salvi (Lawyer)     09 March 2010

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.  

Raju Ramparag Gupta (Advocate)     21 September 2010

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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