Appeal in high court in mact case
Harsh
(Querist) 25 June 2015
This query is : Resolved
Greeting to team.
IN MACT cases district court in Maharashtra awarded compensation 10 months back. But Insurance company did not paid compensation til date and My advocate filed Darkhast which is in process as awaiting notices. Meanwhile Insurance company file First appeal in High court which was dismissed by high court as Insurance company did not comply to high court condition to Deposit 50%amount first in tribunal in 5 weeks. Then aftert that Insurance co filled application for restoration of appeal. Can anyone please explain what is that what could be consequences?
I have not still received any notices from High court or My District court advocate. But i am getting update from high court online portal. What should i Do in this case as after 7 years compensation awarded and now one more year passed struggling for same since long period but do not know how much more time and got frustrated
As Already insurance company mentioned his side and say in first appeal and it is dismissed? So what does specifically filed in general in Restoration appeal? Is it different from what they said in First Appeal? Please Elaborate
dr g balakrishnan
(Expert) 26 June 2015
when the TRIBUNAL PASSED ORDERS AND WHEN INSURANCE FILED APPEAL AT HIGH COURT DETAILS AND WHEN THE INSURANCE COY DID NOT PAY 50% MONEYS WHAT TRIBUNAL ORDERED, RESTORATION MAY NOT BE POSSIBLE FOR THE INSURANCE COY AT HIGH COURT, MOSTLY.
ALWAYS ONE NEEDS TO GIVE FULL DETAILS OF ANY CASE ELSE OPINIONS MIGHT GO WRONG.
Harsh
(Querist) 26 June 2015
Tribunal Passed Ordered in Aug-14.My advocate in District court filed Darkhast in Oct-14 Still awaiting Notices. Insurance Company file First appeal in Jan-15 in first week of Feb-15 High court given order on condition that Insurance company Deposit 50 % amount in tribunal in 6 Weeks.But Insurance co did not comply and finally at Mar-15 by end of month appeal is rejected. Now in May-15 Insurance Co filed restoration.
P. Venu
(Expert) 27 June 2015
You will receive Notice if the appeal is admitted.
Harsh
(Querist) 29 June 2015
So if it is admitted then only i will be informed. So in absence of one party appeal how appealcan be admitted.
so is it better to approach high court before appeal gets admitted before reviving notice?
P. Venu
(Expert) 29 June 2015
You may file a caveat. However, it ma be an overreach in MACT cases.
Harsh
(Querist) 30 June 2015
So should i File Caveat Or wait for Notice?
