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RAMBO   29 July 2008

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







Learning

 15 Replies

Srotaass - Legal Training Academy (Lawyers)     29 July 2008

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.


 

ESTHERPRIYA (Practising Advocate)     29 July 2008

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. 

RAMBO   29 July 2008

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

Guest (n/a)     29 July 2008

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.

Srinivas.B.S.S.T ( Advocate)     30 July 2008

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

Srinivas.B.S.S.T ( Advocate)     30 July 2008

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.

RAMBO   30 July 2008

Hi Srinivas,


Thank you for your valuable suggestions.


Ramesh

Guest (n/a)     30 July 2008

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  

Srinivas.B.S.S.T ( Advocate)     31 July 2008

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.

ESTHERPRIYA (Practising Advocate)     31 July 2008

Hello Surendranath,


You can save your property before the court pronounces the judgement file a petition for settlement of the amount claimed by the bank. The bank any how will first realise the main property which is the main security of the loan and then they could not satisfy themselves they will come to the collateral security to satisfy their claimed amount. SO in this scenario you can very well tell before the court that you intended to settle the remaining amount by mutual negotiation and post the case before mediation and arrive at a settlement and pay the amount with a right to subrogate the amount paid from the original borrower who took the loan and who failed to repay the amount. SO when you repay the amount by negotiation  with the bank then you have the right to claim the paid amount to the borrower who is the ultimate defaulter in this case and thus your property will be saved. Other wise the bank officials will auction your property in a very low manner and  you will receive a meagre amount of it alone.

Vikram Chandra (Advocate)     31 July 2008

Dear Ramesh,


     Dispense with petition is nothing but to seek permission from the Hon'ble Court to file the certified copy of the Judgment & Decree till then the appeal should be taken up. If you want any further advise in filing the MACMA before the Hon'ble High Court of A.P. you can mail me @ vikram_chandra@sify.com as I am practicing at the same court.


regards,


vikram.

RAMBO   01 August 2008

Vikram Chandra Garu,



First of all, I am very much thankful for your special initiation to solve my problem. I met with an accident in January, 2006 and sustained severe injuries and multiple fractures and I was undergone two major surgeries and one minor surgery and I was bed ridden for about 8 months and after highly painful physiotherapy for about 5 months, I have been walking with elbow crèches and my knee joint and ankle joint have become stiff. Even after this I did not loose my positive attitude, balance of mind. But my accident caused severe mental stress to my mother and she went into dipression which she did not disclose and no one has put their focus on her and she used to take care of me to make me good. Because of this she got breast cancer and after surgery and chemotheraphy she has expired in Jan 2008 doing injustice to us and my father is an illeterate and he does not know anything and my mother used to take care of all of us and she passed away leaving us alone. After demise of my mother, my mind has become blank and I went into severe dipression and I used to start seeing everything negatively that no one is for me to help.Recently, at one time, when I was surfing interenet this interactive plat form was found and it has given me good friends like you who are coming forward to help me to solve my prolems and restored my confidence in the society. I wish this plat form will go forward uninterruptedly helping many needy people to solve their problems. Once again I appreciate your reaction to my problem and your helping hand has given me immence pleasure and I will definitely knock your door as and when needed.



RAMESH

Vikram Chandra (Advocate)     07 August 2008

Dear Ramesh,


      My Doors are always open and at any time you can seek my help or assistance.


my best wishes & warm regards to you.

RAMBO   08 August 2008

Thank You Vikram Chandra Garu


Ramesh


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