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vinay (NA)     06 October 2013

General advocate fee insurance claim

Hi, My father died on 13 May 2003 because of a road accident. We have filed a case stating- because of negligence of the driver we encountered severe loss. Some insurance company is paying for the loss (I'm not sure about the process of their involvement). We have claimed 23Lakhs for our loss as our total family was dependent on him. As the case is taking long time, we recently settled the case in Lok Adalat for 14Lakhs. I have no knowledge about the fee charged by advocated for such cases. Advocate has asked for 20% of the claim amount i.e., around 3L . I feel this fee is very high. Please help me get to a right conclusion. If possible please explain the possible process of involvement of insurance company. Thanks in advance.



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 9 Replies

Sarvesh Kumar Sharma Advocate (Advocacy)     07 October 2013

Internal matter between you and advocate!

T. Kalaiselvan, Advocate (Advocate)     07 October 2013

Mr. Sarvesh Sharma is quite right, you should have thought over it before itself or should have spoken about the fees with your lawyer before initiating your claim process.

Shashikant V. Patil (Lawyer)     07 October 2013

If that Advocate is one and same and working over this accident claim matter for 10 years  and moreover, you are not aware , about the fee charged by him at that time, you may speak to him and settle the matter.  Otherwise there is no way rather to pay him.

Shashikant V. Patil (Lawyer)     07 October 2013

If you are not aware that how much fee , the Advocate concerned has charged at that time  is then you have to speak to him to settled  his fees.

Shashikant V. Patil (Lawyer)     07 October 2013

Due to technical error , I could not received the message of entry posted.  Regret the same.

Laxmi Kant Joshi (Advocate )     07 October 2013

In claim matters generally it starts from 20% of the claim amount and on negotations with advocate It may be reduced but the whole matter should be settled well in advance ,before he proceed your claim in the court.

Sudhir Kumar, Advocate (Advocate)     07 October 2013

is the case pending since 10 years.

vinay (NA)     08 October 2013

Thanks for the quick replies. We first gave the case to some other advocate but he did not even file the case and kept on saying to us that the case is in progress. We found out about this in the year 2009 and when asked him, he gave it to his friend and finally the case is about to end after these many days. If I have a chance I'll surely make the former advocate pay for his negligence.

Can you people throw some light upon the process involved in such cases?( My question is how is the insurance company who is currently paying us involved).

Is it because the Travels( it was a travels car in which my dad was travelling ) owner has insurance over such accidents ?

I'm not aware of the judicial system in other countries but in India, I just hate it. Current system does not give a chance for common man to settle any issues he is facing. This is the reason exactly why local DADA's (mostly political leaders) come in handy.

Laxmi Kant Joshi (Advocate )     08 October 2013

Brother in our judicial system if you are aware about the law then you will get your claim with in 2 years of max time , 1. File the claim petition in time 2. Give full details of the accused driver , owner , vehicles registration photocopy ,DL photocopy of accused driver, photocopy of insurance of the vehicle involved in accident, 3.these all details have to give in support of your claim petition and defend your case on merit basis.4. In case of death of victim , petition should be supported by --- fir copy, death certificate , postmortum report, & at least two eye witness , and also above mentioned documents. 5. There is a well set formula given by the SC to calculate The claim amount .6. If you do all These things in advance then your claim case will be settled timely.

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