Mvc case
Ravi
(Querist) 01 April 2015
This query is : Resolved
Dear Sir,Â
My parents passed away in road accident in 2012, so we filed case in the Bijapur district court to avail compensation.
Case scenarios:
1. My Father(age=60 at the time of death)was retired state govt servant and was earning Rs 19000/m pension and after death pension revised due to the revision salary. According to the new salary scale, pension revised to Rs 30,000/m.
2. Mother(age=45 at the time of death) was home maker.
3. 4 dependents(daughter-27 Married, son-27 unmarried at the time of death and now married, son 24-working and was studying at the time of death, mother-80 Passed away and was alive at the time of death) and all ages are current ages.
Judgement was made on 2015 Feb from Bijapur court:
1. Awarded 15L and only 60K is for heirs and remaining is for mother of my father but she is not live and as per court still she is alive.
2. Award was made by considering half of the non revised pension(19000) reasoning deduction of personnel and living expenses of deceased. so considered amount is only 9500/m. But the revised pension is 30000 and we have received the remaining amount as arrears from the state govt.
3. As we are major and court saying that we are not depending on our father's income. But at the time of death I was still studying and my brother was jobless and we were completely dependent on our father salary only.
4. Court saying that there is no loss of future prospects to the family, so no question arises for future prospects loss. But I say our father was about to get a revised pension which 30000/m and I lost my further education due to lack of money and mental shock.
My queries?
1. Please tell me whether I can take up this to High court?
2. If yes, then whether I will get better compensation and results than the district court.
3. If yes, what will be the average compensation?
4. What are all the strong points we can take up to high court?
pls reply sir if you need any further details and pls answer reply about this case.
SURESH BV, Advocate
(Expert) 02 April 2015
Dear Ravi,
1. It is better to file an appeal (MFA) before the Hon'ble High Court.
2 & 3. After the going through the judgement & award passed by the trial court, the High Court will decided.
4. With out going through the Judgement and award it is difficult to come to a conclusion. But by oversight, if the Tribunal has left out granting compensation on one or several heads, the High Court will definitely consider. Consult a Lawyer,who is expert in handling Accident cases.
DR.VEDULA GOPINATH
(Expert) 02 April 2015
mr Ravi
You will certainly get improvement of the award given by District Court.
You made a mistake or the Dt.Court has erred in observing that your Grand Mother still lives. Better Hon. High Court informed of actual facts and expenditure of dependent family members.
You should always plead that the pension is rs.30000 PM and not as held by Dt. Court.
You have a good case to approach Hon. High Court.
Good wishes
dr vedula gopinath advocate high court/arbitrator
Ravi
(Querist) 03 April 2015
Dear Sir, @ Dr. Vedula Gopinath,
Our grandmother(father's mother) passed after 6 months of filing the case. And we got the death certificate during oct-nov 2014. So I have submitted the death certifcate to our lawyer, but unfortunately I dont know why he has not submitted it to the court.
And sir about the pension amount 19000/m which Dt. court judge has considered; the Dt. court has considered only half of the amount 19000 i.e. 9500 reasoning that personnel and living expenses. I am very glad to you if you can clear this point that on what basis Dt. court has deducted these expenses and is it legal point to be considered?
Dear sirs, @ Mr. suresh and Dr. Vedula,
Kindly please let me know any experienced MVC/accident case lawyer in Bangalore who has handled cases in High court.
I am very thankful for your efforts and suggestions to my query.
DR.VEDULA GOPINATH
(Expert) 03 April 2015
MR Ravi
I have done similar case in AP High court.
Am now located in AP.
Dt. Court is having its own wisdom and discretion to award compensation.
High Court only can find fault with the District Court and thus you can get it rectified by hon. High Court.
Still got doubts, please do contact me
vgnath@gmail.com m9848227926
Ravi
(Querist) 03 April 2015
Dear Sir, @ Dr. Vashista,
But how sir?
Ravi
(Querist) 05 April 2015
@ Mr. T. Kalaiselvan,
Dear Sir,
any contact information of Mr. Gopinath?
T. Kalaiselvan, Advocate
(Expert) 06 April 2015
Yes he has given it on his profile as well in the post where he has answered your query, please revisit the same.
Ravi
(Querist) 06 April 2015
@ Mr. T. Kalaiselvan,
ooops, sry. Dr. Vedula, thanks.
Dr J C Vashista
(Expert) 06 April 2015
@ Ravi,
Go and find out, contact and engage a prudent local lawyer in Bangalore Bar Association, if interested.
DR.VEDULA GOPINATH
(Expert) 06 April 2015
dear learned colleagues
greetings
After state bifurcation and coupled with domestic scenario I shifted to Vizag AP . Apart from giving advice on corp. issues, I am adjudicating few arbitration matters.
regards
yours in legal fraternity
dr vedula gopinath
vgnath@gmail.com m9848227926
landline 0891-2713121
Dr J C Vashista
(Expert) 07 April 2015
Thanks Dr. V Gopinath for the information.
Regards.
T. Kalaiselvan, Advocate
(Expert) 07 April 2015
Well the author may look for an advocate at Bangalore, in the event of more assistance, the author can send me a PM, shall suggest a good lawyer at Bangalore.
