Hello,
Have you filed the MACT case in order to claim the compensation ?
A local lawyer will be of better help in order to take the case forward, let me know if I can be of some help to you
Regards
Info for car accident case
Hi, Before 6 months I was driving 2-wheeler and I was hit by one company cab from behind - it was so bad that I had to stay in hospital for 6 days - just survived. But, my fracture never recovered 100% and I am still limping after 6 months. I would need one more surgery for ligament reconstruction and one more to remove implants. This affected my mental condition too and will affect me in my job for lifetime (Though not immediate reduction in salary). My new 2-wheeler also got good amount of repair and its sale value reduced drastically now. We had filed FIR and chargesheet is also done already. However, my current lawyer is saying that he can get maximum of 2 lakhs compensation for me - I dont think he is capable enough and so, looking for new good lawyer to take case forward. Thanks... Biren Shah
Asked 5 years ago in Civil Law
20 Answers
In this type of situation always do that to discuss with some other lawyer personally, though your lawyer Sir is saying on the basis of some other calculation but directly can't be said wrong.
There are number of lawyers on this website from banaglore
2) you can contact any of them for filing case claiming compensation before MACT
there is no time limit to file a claim in mact. For compensation it's depends on ur expenses. It's decided by the honorable court.
Dear client,
Poor advise , first of all you will be compensated absolute medical and repair expanses if not recovered from insurance.
Next 6 days hospital stay extra expanse and disability arises. Mental and future medical expanses. Compensation towards disability Incurred and under some more heads.
See you can engage other lawyer in your case there are number of lawyers from bangalore on website but for your consideration the amount of claim and compensation is calculated taking into account many factors and Indian courts does not provide very high compensation amounts.
Dear Sir,
Please be informed that the MV cases will be decided on some accepted principles. The more you produce the documents the more your get like medical bills, salary certificate, income from other sources, percentage of disability to whole bode etc.
Compensation amount is never guaranteed by any lawyer but in your case you must get maximum compensation. May be more than 2 lakhs.
Dear Sir,
In case of an accident both the owner and the driver are to be impleaded as parties. In such cases the liability of the driver is only a vicarious in nature while the owner has an absolute liability
If the vehicle which hit the person had a third party insurance then he will have to implead Insurance Company as one of the parties to the Compensation Application which is to be filed before the Motor Accident Claim Tribunal and only in such cases Insurance Company will be liable.
If you feel that your current counsel is not able to represent properly you can always take no objection certificate from him and appoint any new lawyer. Compensation will be determined by court taking into consideration of various factors like your age, income, disability etc.
- As per the information mentioned in the present query, makes it clear that though you have already been fighting a criminal case against the accused, but at the same time you should also file a civil suit before civil court for damages that have occurred to you.
- There is a practice in law to file both the cases in the incident of any criminal act also.
- In criminal case, you will get justice and in the civil case you may get good amount of compensation/ damages depending upon how good you can present your case before the court of law.
If you are looking for a better lawyer than this lawyer, you may look for one from this forum also, there are plenty of lawyers hailing from Bangalore who are available in this forum.
However you can have a second opinion from a different lawyer about the award amount, but this will be dealt by the MACT and not by the judicial magistrate court.
As per the answers I got on this forum, it looks that compensation depends on tangible proofs like documents to show expenses. However, there are lot of intangible things associated with such injury for which we can not produce proofs: 6-month mental agony, special maid-nurse-physio expenses, future surgeries, anxiety treatment, early health issues which will prevent me from taking higher responsibilities and higher roles, no vacations or foreign trips in future. In short - life is screwed up and it may cause even family disputes and separation in family in worst case. Such things can not be proven with documents - so why it should not come under compensation. The amount what my current lawyer has referred is too small and its equivalent to my 2-3 week salary- why should I accept such amount where my career and health are screwed up for life / long term.
Asked 5 years ago
you can file Motor Accident Claim case before the Motor Accident Claim Tribunal along with all the bills cash memo, prescriptions etc.
You need not accept the meagre compensation offered
you are at liberty to appeal against meagre compensation offered to you
The MACT compensation has its on chart and calculation depending on age, income and disability.other courts have their own discretion and parameters for compensation. Court always grants less compensation as expected
See all the facts and damages suffered by you amounts to mental agony and for that you can seek compensation. See further if court awards compensation and you are not happy with same appeal can filed challenging same.
Dear Sir,
For your information in medical negligence case the Supreme Court granted with 10 lakhs towards mental agony of the victim who died subsequently. In that case total compensation was more than 6 Crores. Mental agony cannot be less for poor people more for rich people. The principles laid in the said judgment if applied in accident cases also then victims and legal heirs of deceased get much more compensation. You may take the issue to the higher Courts and get enhanced compensation.
Please provide your salary slip and also the leaves you took after the accident to claim higher compensation in absence of such documents court cannot determine compensation that is to be awarded. Court will have its own calculation chart based on which compensation will be awarded. You need not accept the offer made by your lawyer
Yes, I agree with you so I advise you to please go in appeal with the prayer on the grounds and definitely you will get increase as your case is very strong.
If you are not having faith in your lawyer and would feel i better with some other lawyer who will promise you with tall claims, you may change the lawyer, it is not necessary that you should cling to this lawyer alone and keep grumbling about the losses which are not covered by the law without any documentary evidences.