Querist :
Anonymous
(Querist) 01 November 2011
This query is : Resolved
Hi i am maternal uncle of minors who has has been legally nominated guardian for two minors Against their paternal grandmother by district court. While guardian of property is appointed as grandmother.
Here in this case minors parents were died in accident.In same accident both minors were in coma for around 6 months so all hospitalization and medical around 6 lakhs done by me.But order does not have anything mentioned about who will file accident claim.As it was mentioned during case journey that accident claim are filed by both parties in Same MACT court but different from the district court. I am interested in getting only injured claim for both minors for which all medical bills and documents are with me and i have done expenditure. and compensation claim for dead parents can filed by grandma as she is guardian of property. Please guide me in which way i should proceed to get all medical expenditure.Does there any problem legally for same as guardian for property is grandma?Does compensation amount come under property?
Kiran Kumar
(Expert) 01 November 2011
the Guardianship proceedings are different from the MACT proceedings.
now the problem is the grandma is a legal heir also...it will be better for you to proceed on the matter through grandma...you will be able to prove your expenses and you pray for payment of medical expenses incurred by you to you only.
ajay sethi
(Expert) 01 November 2011
agree with kiran kumar
Raj Kumar Makkad
(Expert) 01 November 2011
It is difficult to be agree with kiran and jay. As you have been declared as guardian of minors so it is your duty and right to file claim petition before MACT on all accounts. You should implead grandmother of minor children as performa respondent so that her legal rights may also be secured. What so ever shall be granted to minor children, shall remain deposited in bank in the shape of FDR till they attain majority so there is no harm.
prabhakar singh
(Expert) 02 November 2011
agree with raj kumar makkad
Kiran Kumar
(Expert) 02 November 2011
the facts may be reconsidered here...the grandma has been declared guardian not the maternal uncle...
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