mvc case
priyas
(Querist) 13 August 2009
This query is : Resolved
hi friends,
i want information abt mfa proceedings in highcourt, my client is a original claimant in m.a.c.t case she was awarded nearly 7 laks but the respondents have appealed for high court, in 2005, recently the case was heard but nobody admitted frm my clients side, should i file written objections, now it has gone for lcr. since im not in high court practice i need some advice kindly help me
Kiran Kumar
(Expert) 13 August 2009
in High Court u need not to submit written objections.
u can argue it directly with the record in hand.
if the matter has been sent to Lok Adalat or Mediation Centre then dont worry it will be more informal in nature there.
make an effort to appear before the High Court, it will be ur achivement professionally.
if it is at distant place the we have a lot many lawyers here who are practising in Karnatka HC, u can request any of them to help u out.
N.K.Assumi
(Expert) 14 August 2009
In addition to Kiran, Just see whether the appeal taken by the Insurance company falls within the statutory defense as envisaged under section 149 sub section 2 of the MVA of 1988.If the appeal does not fall under that section Insurance Company is barred from filling any appeal. As appeal is a creature of statues and does not avail on any party asa a matter of rights.
vinjamuri ranga babu
(Expert) 14 August 2009
hi,
you can appear and make submissions. in the high court the court will pass orders on merits. so, dont worry.
vr
G. ARAVINTHAN
(Expert) 20 August 2009
The appellate court will see merits only after hear you.. If the claim is substanstiated by your arguments, then the appeal by the insurance company may be dismissed.
