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Robin (Sr. executive)     24 July 2013

Raod accident death claim

HI,

My relative was dead in a raod accident in 1997. he left  wife & 2 sons behind.

But his family lost case in court & than they went to high court in 2007 but case is still pending.

How can we get the case details & status ?

There was no hearing from 2007.

Please sugest what should we do....



Learning

 4 Replies

Adv Archana Deshmukh (Practicing Advocate)     24 July 2013

Search the website of the highcourt.

laxmi kant joshi (instructor)     24 September 2013

You can get the status from your states high court website.

advocate nitin kumar (lawyer)     07 May 2015

the simplest method is to contact your lawyer.

but if that has been lost then you can check it on the respective high court website 

still if that does not help then you can visit the high court and find it out in the court itself by approaching the inquiry counter and tell them the case title and year of filing. they will tell the court number or name of the judge in whose court the case is pending. (also ask them LDOH - last date of hearing)

the see the casue list of the LDOH in the ahlmad room of that court and inquire from the staff on what stage is this case on ?

or you can change the lawyer for better disposal of your suit.

but i am not able to understand that how can the person loose a case of compensation under the motor vehicle act ????

was the relative driving/riding on an illegal vehicle ?

or your case was not represented properly by your lawyer ??

 

hope that helps

Niteen Vaidya (Propreitor)     07 May 2015

You can also file a RT
I proceedings to find out what has happened in the case and what is the status of proccedings with the Courtregistrars office and seek justice through that means Ask for reasons for delay and mishandling of the case. Also seek police help to expedite the proceedings to their proper completion.

Very sad case of neglecting the court proceedings. Nevertheless all other things being equal a road accident death should have been a Police case and the case would be within the purview of the IPC , Motor vehicles Act and elicit the rinitiation for compensation by way of  third party insurance  from the insurer of the  vehicle involved in the accident that Must be having an I3rd party insurance cover. The Motor Tribunal which is the adjudicating authority for third party claims under the M V Act can also be approached concurrently with a claim raised on the Insurer of the accident involved vehicle.

I feel you should approach the police to trace the status of the case and begin by asking for justice from the police who would have initiated action against the driver of the rouge vehicle.

Firdt find out the court room in which the case was being heard and take itup from there. Even if the case was lost as the driver was not at fault you should try and raise a claim on the insurer of the vehicle and take the matter to the Motor Tribunal who is the adjucating authority and will decide on compensation payable to the heirs of the deceased.

You will need a proper Advocate to rake up the issue for you. In our country lots of cases just die a natural death and are closed as both the plaintiff/ defendant are absent on the date when the court Actually decides to her the case. If you know the court room in which the case was, you could also seek a reply from the clerk of the court or file a RTI application asking for justice and a proper finale to the proceedings. I hope you will take my advise and not let things DIE an unnatural death by APATHY on the part of ANYBODY. Jai Hind.


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