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arlkrishna (Consultant - Labour Compliances)     04 May 2012

Road accident compensation

One of my friend, aged 30, met with a road accident in 2007 and his hip-ball was fractured and replaced with metal. He had to spend around 2 lakhs for hospitalization and several months in bed. Although metal fixture is guaranteed for 20 years, he is not able to walk freely as before as his body was weak due to the pain emanating from his hip joint and now doctors are advising for another operation, which may cost around 3 lakhs to rectify the same.

He hails from a middle income family and as per an advocate’s advice, he has filed a claim for compensation of 8 lakhs in 2007, the insurance company is the opposite party. All the proceedings completed and now judgment for 3 lakhs compensation has come which will be paid with interest which comes to around 4 lakhs. My friend is totally unhappy with the verdict as he has filed for a very nominal amount even that was not granted.

Now he wanted to file an appeal for higher amount, if possible more than 8 lakhs (original claim was 8 lakhs). He is not married and now looking for marriage and wanted to settle down in light-work and the compensation amount seems to be very low.

Dear Seniors and experts in motor claims, pls advice the following:

1.     How to go about in filing the appeal and which is the designated court.

2.     Can he go for a revision of claim at this stage for higher amount.

3.     Whether filing an appeal will be beneficial for him? Yes or No and how?.

4.     What other options available for him considering his age and prospects?




 6 Replies

Adv Archana Deshmukh (Practicing Advocate)     04 May 2012

An appeal from the award of the MACT lies to the high court to which it is subordinate. File an appeal along with an application to lead additional evidence and file the documents relating to the recent development i.e. the medical papers showing need of operation again.

arlkrishna (Consultant - Labour Compliances)     04 May 2012

Dear Sir & Madam,

Thanks for the instant response from you both.



Ankit @mka.asr (Prop)     06 May 2012

Dear Mam,

My sister's car was involved in accident with one police constable's motor cycle in 2007. Police constable was driving motorcycle and one old lady was pillion rider. After little touch of car they fell on road and visible injuries were there. My sister didn't notice even. Later that constable managed to file FIR ( after 10 days of accident) with his own links in police department. Then he filed civil suit also for compensation. Police didn;t come to arrest my sister even after 2 years of accident and later we gave application for enquiry regarding fake FIR as there was no such accident ever occured. After enquiry, POlice Commissioner gave clean chit to my sister. But our lawyer was not able to submit enquiry report in session court and judge gave decision against my sister and asked to pay compensation of Rd 50,000/- to motorcycle driver ( as he claimed massage charges as compensation). Pillion rider was awarded Rs 2,00,000/-. My sister's car was not insured at that time. My sister filed revision suit in High Court ,Chandigarh. I have few important questions to ask as below,

1. Motorcycle involved in accident was not mechanical examined by police department. Motorcycle was not in the name of driver at that time of accident. Complainant didn't made owner of motorcycle party for compensation.

2.Motorcycle driver didn't go for any medical and only claimed for massage therapy for minor muscle pulling after accident and he was awarded Rs 50,000/- as compensation.

3. Pillion rider ( old lady) who was awarded Rs 2,00,000/- died recently due to natural death recently after decision of session court. She was widow and not having any children.

4. Motorcycle driver (Police Constable) also claimed loss of dairy income due to depression after accident. Is it possible for Goverment employee to do dairy business while on duty or after duty hours?

Please guide us.


Advocate Bhartesh goyal (advocate)     06 May 2012

File  an appeal in High Court for enhancement of compensation .

arlkrishna (Consultant - Labour Compliances)     08 May 2012

Dear Ankit,

Pls open a separate forum for your case and do not mix your case with my case posted here.

It will create confusion among experts as which one to be replied?




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