Upgrad LLM

urgent help needed


Respected all,

It is to inform you that I met with an accident in 2006 and sustained severe injuries and multiple fractures and became PHC. I have filed a Case against Insurance Company for compensation ie 3rd Party Insurance and It was decided in my favour but the compensation grated is very less. In this respect I would like to make an appeal to High Court. I have the following queries for your clarification.

1. What is the time limit to make an appeal from Civil Court to High Court with respect to Motor Accident Claims?

2. Is xerox copy of Judgement Order enough to make appeal or a Certified true copy is required? or

3. Can I first make appeal with xerox copy and later can I submit Certified True copy of Judgement Order with High Court?

Please address these issue and kindly help me to make an appeal in time with High Court.

Ramesh





 
Reply   
 

Dear Ramesh Babu,


The Appeal from the orders of the Claims Tribunal has to be preferred to High Court within ninety days (90 days) from the date of order.


if sufficient reason is shown the appeal may be entertained after ninety - days.


No appeal lies if the award challenged in the appeal is less than ten thousand rupees [S.173(2)].


Appeal will be entertained only with certified copy of the order of the lower court. No photostat copies will be entertained.


Where are you from? in which High court you have to file the appeal? please provide us the necessary information to help you better.


 

 
Reply   
 


Practising Advocate

It is right that 90 days from the date of receipt of the order will be calculated for filing appeal.


You can apply and get it ready. From the date of order copy made ready, the limitation starts running and if possible you can file condone delay petition to condone the delay in filing with reasonable causes. The appeal will be in the format of Civil Miscellaneaous Petition.


Similarly if you have to keep the photstat copy of the order. You are required to file dispense with petition and satisfy the court. If that dispense with petition is allowed then alone the examiner will number your C.M.P. 

 
Reply   
 

Legal Training Academy and
Padma Priya

I sencerely appreciate your speedy reaction to my problem and I am very much thankful for your legal consel on the issue.


Further, I am from Hyderabad and I would like to move High Court of Andhra Pradesh.




What is Dispense with petition? Clarify
 
Reply   
 
n/a

goodevening sir/madam


the suit filed for perpetual injunction and it is in the stage of exparte evidence, at this time along with exparte affidavit can i file additional documents which are subsequent of suit filing issued by revenue authorities as to mark in exparte evidence.  kindly reply me urgently.

 
Reply   
 
Advocate

Dispence with means to obtain court's permission for not filing the certified copy and for filing the same at a later stage.

 
Reply   
 
Advocate

Bharatha Lakshmi Garu ! you can file a petition under order 7 rule
14 which is commonly called as document petition and seek permission of
the court to dispence with the notice to other side as the other side
has remained exparte.

 
Reply   
 

Hi Srinivas,


Thank you for your valuable suggestions.


Ramesh

 
Reply   
 
n/a

dear sir  i have given my own property as colateral  security to biz man in bangalore and he has not padi the la loan amt to the bank and court has fixed 7 th aug 08 as judgement day . now i request you to kindly advice me how to save my property from the bank attachment. and dothe needfull thanking you urs faithfully surendranath  

 
Reply   
 
Advocate

Sir if you have executed all the relevant documents in the favour of
the bank creating the charge then you can not escape from your legal
liablity unless until you prove that you have signed on those documents
under threat and coersion.

 
Reply   
 

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