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prakash v prabhu (proprietor)     11 May 2011

claim procedure to be followed at MACT?

HI,I MET WITH AN ACCIDENT ON 31/12/2010 (8PM) WHEN A LORRY HIT MY CAR FROM OPPOSITE AND UNFORTUNATELY I LOST MY RIGHT HAND ABOVE ELBOW.I WAS ADMITTED IN HOSPITAL TILL 7TH OF JAN-2011.MEANWHILE MY COLLEAGUE SUGGESTED TO CLAIM FOR COMPENSATION AND REFERRED TO AN ADVOCATE WHERE HE REDIRECTED TO SOME OTHER LAWYER TO FILE CASE AND ASSURED ME FOR A INTERIM CLAIM OF 3.5 LACS FOR MY HOSPITAL BILL AND COLLECTED 50K FROM MY PARENTS.FROM JAN TO APRIL END HE WAS ASSURING ME THAT THE AMOUNT WILL BE RELEASED TODAY OR TOMMOROW.WHEN I GOT ANGRY ON HIM HE TOLD THE OTHER LAWYER AND TAKEN MONEY AND RAN AWAY AND THE CASE HAS NOT BEEN FILED IN THE COURT.THEN I GOT REALISED THAT I WAS BEEN CHEATED.I HAVE LOST MY RIGHT HAND AND I AM REALLY DISAPPOINTED BY THIS ACT
KINDLY HELP ME WHAT I CAN DO IN THIS MATTER.
PLEASE HELP ME ALL MY FAMILY MEMBERS ARE DEPENDED ON ME...;(


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 3 Replies

N.K.Assumi (Advocate)     11 May 2011

In India so many things are happening in legal Professions, and your problem is not new. There are cases where claim petition are filed before the Tribunal in colluion beteen the claimant and the insured and in some case false documents are filed like registered vehicle number nd other documents etc in collusion with the authority etc. You have learned from your past experience but if you case is genuine and if it has not been filed before the Claim Tribunal, you can engage another lawyer preferbly in consultation with your District Bar Asocition to guide your case and file a fresh case before the claim Tribunal.

1 Like

prakash v prabhu (proprietor)     11 May 2011

thanks for your kind concern

Lalit Mohan Dogra (Advocate)     22 May 2011

Respected Sir,

I have read the details of your case, and from the facts I have came to the conclusion that you have been really cheated but all the advocates do not deal with the case like the matter reported by you. But you are also at little bit fault as you must consult 2/3 advocates before handing over your documentsto your advocate.

so in my opinion in your casein my opinion if your case has not been filed by the advocate in that case you can file your case even now in the district court where you are residing, as there is limitation in filing of motor accident case after amendment the motor vehice act Rs.25000/- in injury cases and the same is adjusted the actual compensation to be awaruyoiuded by the Tribunal.

In my opinion  you must file your claim petition by engaging some competent advocate or theclaim petition canbe filed by you by your self as no technicaliites are not involved in claim cases and it summry procedure and many cases the insurance companies pay compensation through settlements in  lok adalats and the cases are decided in months and you get your just compensation and in this way youget your compensation easily and at much early time without any dificulty.


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