Lawyer's high handedness in death claim settlement
Venky
(Querist) 03 May 2011
This query is : Resolved
Hello Experts,
My father's accidental death case due to negligent driving of a State transport corporation bus has been settled in lok adalat two years back, the case filed 15 yrs back. The judgement was made and case settled last year but the lawyer is still saying he is conducting negotiations with them for a final amount. We are ok to take the agreed amount and also want to settle our lawyer's fees as agreed but the lawyer continues to say that he will let us know when the payment will reach us. He is also not willing to share further details. Under these circumstances, could you please suggest the right legal alternatives to get the amount since my mother badly needs that money for her treatment and it has been dragging along for such a long time. Thanks for your advice!
Raj Kumar Makkad
(Expert) 03 May 2011
If the amount has been settled finally in Lok Adalat then there is no such occasion to get it re-settled. I think there is some lacuena in the whole issue. First it never take 15 years to settle MACT claim and secondly on the oen hand you have written amount was settled 2 years ago in Lok Adalat then you in the very next line mention that the case was settled last year. which of two is correct?
Anyway, in the given facts, you immediately engage some other counsel and get latest information from court about your case and after obtaining true facts, file a complaint before local bar association as well as bar counsel of your state, if your earlier counsel has committed professional misconduct. Such black-sheep should be weeded out of our noble profession.
I think the claim might have been sheifted towards owner or driver of vehicle and the amount might not have been got deposited by them and your petition might have been in execution stage. Enquire true facts and then either again post your query or personally contact to me.
Venky
(Querist) 05 May 2011
HI - Thanks much for your reply. The Lok Adalat award was issued in 2008. Sorry for giving incorrect information in my earlier email. This case was being handled by my aged mom with the lawyer all these days and I got engaged now as my mom is frustrated with the lawyer.
Since the award has already been sanctioned and amount settled, we are just wondering the intentions of the lawyer and we want to find out ways to get the money. Please advise. Thanks!
