For this case, Accident happened on 1/11/2016, MACT Cased filed on 03/03/2018. Case no 11/2018 (Vadodara District Court). Criminal case was dismissed on 18/02/2018 due to insufficient evidence and compliant not visiting the court, case start date was 01/01/2017. Criminal Case - Rash Driving and harming a human life. MACT Case claimed amount is 10 Lakhs. The injured was a Army person, and i took him to the hospital post the accident. Still however he is claiming the amount. He has described in notice that he would be getting a lesser grade because of 10% disability. Army has cleared off his all medical expenditure however his 3 months bed rest salary is not paid to him. (There was no evidence in the notice), this is third case he has done on me within span of 3 years. This Army person has not verified me or my car in Criminal case. Questions :- 1) I do not want to attend this case and not give reply also, what are the repurcations / effects of the same ? 2) Appointed lawyers said that Liability will come of 50k to 1Lakh. as per the disability - is this true? 3) Lawyer is charging Rs 25000 for this case, is this a right amount ? 4) How long would this case go, as i am in my first trimester (pregnant) can court give me reliving that i attend it after 9 months. Please suggest, I am really confused and this website has helped me previously also, Please suggest.
1) If you don't attend the case in the court, make a compromise Meeting or settlement meeting and close the matter.
If you don't attend court can give exparte results.
2) Yes!
3) The lawyer fees are variable from person to person one my take 15000/- or the other may take 1,50,000/- . It's depends upon person knowledge and standards.
4) You may ask or lawyer will answer on behalf of you, for further proceedings and for cross questions time only you may call in the court, if required.
Hi,
In the present circumstances you may ask for exemption from personal appearance. Further, since there is disability, the soldier would not be getting further promotion etc. and you would have to compensate for that. No comment on lawyer's fee. The case may take long time.
lawyer is charging you reasonable amount
2)case may take some some years to be disposed of depending upon pend-ency of cases in court
3)if you do not attend case and file reply court may grant complainant reliefs prayed for
1) An exparte order can be passed against you and you will not able to present your defence before court. And can be hence made liable to pay damages and compensation.
2)and 3) The lawyer is telling you the reasonable amount of damages also the fee is charged according to the court.
4) your lawyer can seek exemption your behalf if your need arises in court as your not able to attend court because of.your pregnancy.
If you get summons or notice from the court you need to attend the same. Depends on the liability and calculation applied in mact cases the figure can go slightly up also.
The lawyer fee is subjective and depend on his competence so I can't comment on the said figure.
There is no special time of disposal unless it is settled. Still you can roughly believe in 2 years minimum.
If you're unable to attend you can be represented by your lawyer in your case.
Hello mam, since the criminal FIR has already been dismissed then there is very less probability of him winning the MACT case .. It is advisable to attend the hearings as if you do not appear the court can pass ex-parte order or May issue warrant for your persence.. You can hire another lawyer if the current one is asking to much fee
Dear Client,
MACT cases are long trial, 9 months will passes easily without court summoning u and also u need to attend court proceeding after a year at least that also for only once few hours for recording of statement and cross claim.
No need to attend court, neither it is required.
3 months salary + under few other heads, compensation shall be calculated but not much.
Fees vary from lawyer to lawyer, my advise to appoint good lawyer.
Precise can be advise on perusal of cahrge sheet and spot map.
1. If there is no insurance in force at the time of accident then the liability will fall on you.
If you dont attend the court then the court will set you exparte and an exparte decree will be pronounced against you.
2. It depends, the court may have a different yardstick to measure quantum.
3. It is the lawyer's decision, no other lawyer can interfere in this.
4. The case may run for years to get disposed.
1. Do not do this, the court will issue Non bailable warrant.
2. Yes this is true
3. This is the right amount
4. Yes, you may take the leave from appearance on this ground.
Regards
