Motor accident death claim of parents
Shital bafna
(Querist) 05 December 2018
This query is : Resolved
In Cruel incident on fateful day on 18th may 2008 at Nasik in road Accident My Mom, Younger Sister and her husband as well only daughter of them expired on the spot. While elder sister & her husband(jijaji), & their two children ,one 4 year old son and 8&half year old daughter as well my father was got injured seriously and hospitalized out of which my Father and Sister died in hospital in span of month. And after that my niece and nephew( elder sister children) were in coma for longer period. As there Paternal grand mother and uncle did not come forward i have done all medical expenses and taken their care . Both were hospitalized around 9 to 10 months and were critical i have done around 6 to 7 lakhs expenses in 2008. After that in District i filed petition for guardianship of both minors against parental Grandmother. And as wanted Honorable district court Judge given me Guardianship of minors in respect of person while Grandmother has been given Property guardianship of only which i was denied . Grandmother file death claim of her son and Daughter in law at District court on behalf of both Minor children .District court settled claim after 6 years as below. 1) Death claim of Father of Minor: District court ordered 9 lakhs with three share two equal shares of both Minor Childern. Third Equal share of Grandmother of Childern 2) Death Claim of Mother of Minor:District court ordered8 Lakhs with two equal share of Minors. 3) Injured claim of both childern: District court ordered all amount in favour of childerns with giving some amount to other relative including me as a maternal uncle for the amount of medical expense done by me . Later insurance company appealed for detah claim only in High court.And Notice was given to Grand mother only on behalf of childern and herself. But she later applied for partail withdrwal for both death claims. Wrongly giving injustice high court given permission to withdraw 70% claim amount along with intrest till the case going on in High court. Here big error done was High court given 33.3 % share to Grandmother as well in both Minor's Mom claim while giving 33.3 % each to both childern. In same way high court given three equal share of 33.3 if Both minor childern's father claim. Clearlly stating both childern share deposited in FD. While Grandmother can have free cash of her share to her directlly. And she informed same to me later about this ,as childern staying with me as i am in person guardian for them. When i came to know it was shocking to me , how high court can make misake.,even when i informed childern, they got shocked as both are mature with 17 years minor girl & 15 year minor boy. Now i want to appear in high court against this decision appearing as in person gurdian and third party relative as i want all childern amount to be safelly with childern. As i taking all educational expense and all expense of childern and even i did not claimed those expenses as per district court order. My question here how wrong order of high court will be reversed in high court as case still open in high court? What should be remedy for this?
KISHAN DUTT KALASKAR
(Expert) 05 December 2018
Dear Sir,
If any Court gives a wrong judgment or if a litigant is not satisfied with the judgment then such litigant is having constitutional right to approach Higher Court to redress the grievance.
Please mark “LIKE” if satisfied by my answer.
Shital bafna
(Querist) 05 December 2018
Matter already open in higher court
Dr J C Vashista
(Expert) 06 December 2018
Consult your lawyer or engage another local lawyer for better appreciation of facts, guidance and proceeding.
