Accident claim
ARUN KUMAR
(Querist) 20 November 2012
This query is : Resolved
R/SIR,
I M ARUN FROM FARIDABAD. SIR MY FATHER IS NO MORE DUE TO BUS ACCIDENT. SO MY CASE IS CIVIL COURT HAJIPUR BIHAR FROM 21 JANUARY 2012.
SIR MY ADVOCATE ALWAYS FALLS ME MY CASE HE IS NOT WORKING THEN I DID SAY TO MY ADVOCATE IF U NOT INTERESTED MY CASE SO PLEASE PUT ME MY FILE, THEN HE SAYS BEFORE U GIVE ME 15000/- OR MORE THEN I WILL GIVE U YOUR FILE.
SIR 2ND PROBLEM CHARGES SHEET & DAIRY REPORT IS NOT SUBMIT BEFORE THE COURT FROM THANA FROM THE MY FATHER DEATH TIME. MY ADVOCATE IS NOTHING TO DO ANYTHING AGAINST THANA INCHARGE. SO I M VERY HELPLESS. PLEASE HELP ME. WHAT M I DO FOR MY CASE AND HOW TO CHANGE MY ADVOCATE.
SIR INSURANCE INSPECTOR ALSO SAYS ME WHEN I WILL RECD YOUR CHARGESHEET AFTER THAT I WILL WORK FOR YOUR CASE.
ARUN KUMAR
9873129026
ajay sethi
(Expert) 20 November 2012
has your lawyer given in writing the fees he would be charging? have yo paid all his fees till date? if you have paid all his fees and there are no outstanding bills then lawyer cannot demand rs 15,000 for handing over papers .
if you want to change advocate and he refuses to give NOC then compaint to bar council against him
V R SHROFF
(Expert) 20 November 2012
ARUN,
Regular practice im majority MACT Accident cases are as follow:
1. Advocate pays the Court Fees:
2. Say for Rs. 3 Lakh claim Court fees is Rs. 2372.50/=
+ Rs. 1000 for additional 1L
So for claim of app 15L, Court fee is App 15k, which your Adv must have paid.
3. Over and above, to collect and file Police Papers etc, out of pocket expences are abt 15k
4. Claim is paid to claimant directly by cheque by insurance company after an average of 5 years court case.
5. Advocate have to invest and bear this expences for years.
6. The Claimanmt do noit pay single paise for total legal procedure or court fees.
7. I cannot explain here on public platform few more indoor settings.
So whatever your Advocate is doing is very fair, and is a established practice,
Trust him, and wait.
Accident cases are time consuming, and insurane company too are interested in saving heavy interest of 5 years , so delay the payment.
No organisation in India had tried to expedite this matter, where a suffering family, their widow starve for years before getting claim.
There are crores of rupees collected from all crores of vehicles in India. Insurance Co pay a small portion to accidental death families.
This area need investigation, and only Limited period should be allowed to court to pay family members of deceases. It is public money, for public, in hands of Insurance Company. Government do not subsidise it at all.
Though Govt. collect Road Tax and Toll, but do not adhere to good road or safety Standards.
ALL ARE INTERESTED PARTIES: except one who die in accident, and their family..
So Arun, have patience. It will take time. Check reputation of your Advocate thru other court lawyers, and decide thereafter.
Better trust him.
Raj Kumar Makkad
(Expert) 21 November 2012
Shroff! I Haryana, there is no court fee for MACY claims. Simpe judicial stamp of Rs. 10/- is required to be affixed so the term of lawyers paying court fee is not applicable in my State.
*Arun! You can personally talk to me on this subject as I am also in Haryana at Bhiwani, can personally help you in this matter.
V R SHROFF
(Expert) 21 November 2012
Arun,
Better contact Shri Raj Kumar Makkad.
What I stated is applicable in Maharashtra state.[specially court fees]
If it is so different, consult him personally & do needful.
ARUN KUMAR
(Querist) 23 November 2012
GOOD AFTERNOON SIR,
THAKS` FOR YOUR KINDNESS.
I WILL DEFIANTLY CALL TO MR RAJ KUMAR SIR,
SIR MY FATHER DEATH CASE IS BIHAR HAJIPUR AND MY ADVOCATE IS NOT GOOD BECAUSE OTHER ADVOCATE ALWAYS SAYS ME THAT YOUR CASE IS NOT A MAJOR BUT HE SAID TO ME THEY DIDN`T KNOW WHY YOUR ADVOCATE LATE FOR MY CASE .
IF YOUR ADVOCATE WANTS, THEN HE REFUND AL LEAST 50000/- BEFORE TO YOU FROM INSURANCE COMPANY.
SIR 3rd OF NOV 2012, INSURANCE INSPECTOR came for investigation about my Background & my late father too in bihar. During the investigation the Insurance Officer asked for the CHARGE SHEET AND DAIRY NUMBER.After that i did say to my advocate for all information of insurance inspector asked me.
after that i said to my advocate why r u not taking a legal action of thana then he told me that it may take over year or more and again i said to him but according to LAW POLICE STATION has only authority to put the CHARGESHEET ALONGWITH DIARY NO not MORE 90 DAYS.
sir i am sending a written (reminder) application to my advocate and police station also for my record. After my record i can stop my case from advocate and I will do RTI against from Police staion
thanks sir
