Motor vehicle claim case.
Querist :
Anonymous
(Querist) 15 September 2011
This query is : Resolved
Sir, Me and my family are natively from Kanpur, Uttar Pradesh. My elder brother(Age 25) was a software engineer in bangalore. In an road accident he got injured badly and unfortunately he lost his life after 10 days in hospital.
After the accident we came to know that he did court marriage with a girl. After his death that girl filed a Motor accident claim case (making my mother as a party as she had to make her) in bangalore. And also a domestic violence case on my family even she didn't stay with my family not for a single moment after marriage. She is also asking for a part of my father's property.
My parents are of old age and unable to handle the claim case from bangalore. The in-laws of my brother are from a criminal background and they are doing all these things for the big amount(around 45 lac)of Motor accident claim. We all know that if they are getting this money they will definitely misuse it to threaten us and to get the property from us forcefully.
The girl has strong contacts in bangalore and she is staying there and attending the court's dates but we are not able to handle anything as we are handling the domestic violence case already. Though my family will get atleast half of the claim amount but neither we want the claim nor let them to get. so we want to spoil the case so that no claim could be offered by the court.
Sir please suggest me how it could be possible so that the case would result no claim amount.
prabhakar singh
(Expert) 15 September 2011
Was he driving any vehicle when he met that accident of which he did not have the licence.???????
Querist :
Anonymous
(Querist) 15 September 2011
sir, he was driving a motor bike with valid licence and other documents. The accident was occurred with a lorry which was also having all the valid documents.
The FIR registered by local police stated that he was riding normally and lorry was rushing.
prabhakar singh
(Expert) 15 September 2011
Then i do not see a ground that can serve your desire.She as widow and her mother are heirs of all properties he had ,so also this claim amount ,is a fact already known to you.
Querist :
Anonymous
(Querist) 15 September 2011
Sir. i am asking for this on behalf of my mother. She dont want any claim amount neither for herself nor for that girl as that girl is of cruel nature and she and her family misbehaved with my family and i heard that she is planning for remarriage after some time. Thats why its my mother's desire being as a legal heir of the claim amount.
prabhakar singh
(Expert) 15 September 2011
Your mother can claim 1/2 of the awarded amount,it is her sweet will how she wants to deal with her right,but her any doing can not
hamper rights of the widow of your brother.
She can remarry as well.
Prudence lies in that let the award come as much as may it come and let your mother take 1/2.
Querist :
Anonymous
(Querist) 15 September 2011
Thank you sir for the clearifying the above fact,
One more thing i want to ask whether the case could be transferred from bangalore to my native place or not.
Actualy the girl filed the case from bangalore and after this my mother filed another case for the same thing from my native place. now the lawyer is saying that both cases will be joined together and the final juridiction will be decided by the case filed first i.e. bangalore. Is it realy true or any procedure exists to transfer the case from banagalore to here ?
AAK
(Expert) 15 September 2011
There are numuroes facts are considered while dealing with trasfer/clubing of cases.. by looking into facts it seems the Bangaluru court will be held as appropriate by the courts.
girish shringi
(Expert) 17 September 2011
You are mentioning that your brother married a girl
"Is she having any valid proof?"
She must submitted in the court,find out the fact, first.
Why are you dropping the idea to get compensation,let it to come.
If any domestic violence case is there prove that your brother never married to anyone.
If you can prove it,you can transfer the case to Kanpur,easily.
Otherwise first submission of case has the jurisdiction to maintain the suit i.e.Banglore.
Still if you need any clarification can contact through my profile mail ID.
