Motorbike accident
Pawar Pankaj
(Querist) 25 June 2014
This query is : Resolved
My brother was involved in minor bike accident on 7th feb, 2014. The victim has filed a claim with insurance co for ₹ 2 lacs..insurance co has received the summons to appear in court on 23rd July, 2014. My brother's name appears in above summons.. We have not received any summons? How much time in advance does the court sends the summons for criminal procedings? Is there any way to find out, when will court send the summons? So. Accordingly we can engage a lawyer?..
Lawyer SALEEMA KABEER
(Expert) 25 June 2014
It seems from your query that the summons were issued only by the motor accident claim tribunal not by the Criminal Court as you said.
However, since it has been found from the summons issued to the insurance company that your brother's name is also there, your brother can enter in to appearance in the claim case through his advocate either after the receipt of summons or on the date of hearing even without receive summons.
Note that if the summons is not properly served to anybody, the Court may order for issuing fresh summons by adjourning the matter to some other day.
Raj Kumar Makkad
(Expert) 25 June 2014
This is not a criminal case rather is a civil case. There is no hard and fast rule about the exact day of notice to the party. When your brother receive notice from court, only then he should appear before it through his lawyer.
Pawar Pankaj
(Querist) 26 June 2014
Thanks so much for your reply. But the court would give us enough time to arrange a lawyer right? It wont be the case, where i receive summons today and tomorrow, he has to present in the court with the lawyer? My brother is a sailor, away on contract for 5 months. What if he cant appear for the first hearing?
Thanks so much for your reply...
Dr J C Vashista
(Expert) 26 June 2014
If you have received summons, let your brother may mark his appearance through his counsel on the very first instance.
Raj Kumar Makkad
(Expert) 26 June 2014
You can engage your lawyer even after making first appearance before the court.
Rajendra K Goyal
(Expert) 26 June 2014
You can engage a lawyer on or after first appearance.
T. Kalaiselvan, Advocate
(Expert) 27 June 2014
Your brother can make his appearance in the court represented by his lawyer, he need not be present in the MACT case personally that too in the first appearance itself. Wait for the summons to arrive and then engage a lawyer.
Pawar Pankaj
(Querist) 28 June 2014
Thank you so much for your reply. Good work, keep it
Up! Well done!
