Mvc case
Querist :
Anonymous
(Querist) 14 January 2012
This query is : Resolved
Dear sir/mam,
one of my friend she was a petitioner in mvc case, where she was supposed to get 6 lakhs compensation for her husbands death, the court gave judgement that insurance co should pay 6 lakhs, but then the insurance co ( respondents) appealed to highcourt, hight court told the company to pay atleast 4 lakhs to the petitioner only then they will proceed with MFA, the company paid 4lakhs to the petitioner. the petitioner had engaged a lawyer to the mvc case in the lower court, she had paid some lawyer fees as in she had financial problem, and she engaged a differnt lawyer in the high court, and also she paid some fees, but the mfa case was dismissed since there was no prosecution, and now high court has given the judgement to go with the lower court order and pay the petitioner the remainiing amount with inerest , As the petitioner is financially weak, she cannot engage the same lawyer since she must pay some percentage fo amount from the compensation to her lawyer, and she cannot approach the insurance co without a lawyer, she wants to know if she can approach lok adalat to claim the remainng money with interest form the order date, or can she enagage a new lawyer witthout noc she has lost lot of money by paying fees to many lawyeres but was unable to proceed with the case, she wants to know hw can she claim the remaning compenstation and she doesnt want to go back to the old lawyer, she might have to pay a exhorbitant amount, as well she makes very meagre income please kindly let me know how she can claim it
Thankyou
Devajyoti Barman
(Expert) 14 January 2012
Lok Adalat would not entrtain.
Penury of the petitioner is not a big problem.
The lady can easily approach the Legal Aid in the trial court therefrom she would get advocate to do the needful absolutely free of cost.
Raj Kumar Makkad
(Expert) 15 January 2012
This is clearly a dishonesty on the part of that lady and unfortunately you are seeking advice of lawyers for the cover up of your dishonesty. This is totally against the agreement of faith between the lawyer and client.
If such petitioner had undertaken and had fixed any percentage with her lawyer, she should honestly pay it and should not try to engage some other lawyer who did not contest the case.
Your query is totally against our profession.
prabhakar singh
(Expert) 15 January 2012
I shall go with Mr.Makkad as in these type of cases it is my experience that at the time of filing promises are made then on award betrayals are made blaming advocates on this and that score.She might have been poor but where is she now???.Thanks to MVA scheme of compensation which awards even more than a railway and plain traveler.
M/s. Y-not legal services
(Expert) 15 January 2012
whats your problem to paying advocate's fee..
ok no problem.. we can give you further solution., just contact any one of us with our fees..
-tom-
Querist :
Anonymous
(Querist) 08 February 2012
Thankyou for the reply, however she is unable to find any new lawyer, she wants to know if she can engage me as a lawyer however Iam not currently practicing in court i just work in office Iam not sure if can take up this case to get her the balance claim, as she has taken already the 60 percnt , I am not sure about the procedure how i need to process this in the civil court as the High court has given the jugdement that she needs ot approach the civil court wherein he she can go with the old judgement fo the civil court , the court orederd the insureance company to pay her.
