She can execute affidavit that she has no objections to mother receiving the money
2) if court insists physical presence would be necessary
For insurance money release does physical presence of all the receiver require
Hi, Due to a road accident Bubli’s father expired. His mother filed a case against the insurance company and eventually win it. But Court ask physical presence of Bubli to confirm that she doesn’t have any objection of his mother receiving the money.. The issue is that the case is running in Guwahati high court in Assam and Bubli is presently in Bangalore. And due to COVID situation it is difficult to travel. Is there a way to avoid physical presence. Can a NOC be accepted. Or a video call. Thanks, Subhankar
Asked 5 years ago in Civil Law
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15 Answers
1 if the court insists then without physical presence of him the matter can not proceed.
2. Therefore seek postponement of the dates till situation normalises so he can travel and get his consent accorded before court in person.
3. You can try in the meanwhile sending an affidavit.
Can file application in court that due to covid, Bubli cannot travel but she have no objection if her mother collect the compensation. Request court to release the amount and whenever situation will normalize, bubli will appear in court or request court to talk bubli on whats video call for her NOC.
Video call presence can be requested from the court.
Yes if court has directed the company will not disburse without physical presence. In that case you need to again move court for relaxation
Ask court permission for video conference meeting and take her NOC and keep this on record. Court knows the current situation. at the same time produce all photo identification documents of Bubli's in the court.
Dear Sir,
You may avail the services of senior advocate and get work done. Courts are afraid of if the amount falls in the wrong hands. Practically not possible in the present situation. You may move special application under section 151 of CPC and court may consider and facilitate with soume conditions as it may think necessary.
There is no way that the bubli trying to avoid visiting court to express no objection.
The case will be adjourned automatically until the covid-19 comes to an end and the courts start functioning normally.
To avoid malpractice by people on this, the courts insist on physical presence of the parties in this regard.
Some Courts allows hearings via video conferencing and in some courts physical hearing would be necessary .
GPA would serve the purpose.
If there is order from court then bubli need to appear before court to give statement of no objection.
- As per law, after the death of a person , his legal heirs can claim the compensation legally.
- Hence, the court want to be assure that the amount is not claiming against the rule , and that is the reasons court asking the presence of all legal heirs to depose before the court.
- If Bubli is unable to appear before the court , then she can present via Video conferencing before the court .
Dear Sir/Madam,
It is suggested that an application may be filed in the said High Court for accepting the presence of the BUBLI through video conferencing.
It all depends upon the insurance company. They must be accommodating enough to accept this arrangement. Write an application wrt the issue.
Otherwise file a writ petition in the high court for expeditious hearing and disposal of the issue through video conferencing
- As per the information mentioned in the present query, makes it clear that there has a court direction for her to appear before the court of law to eventually avoid any unwanted further litigation.
- I would like to apprise you that there can an option to have Video Call presence with the advocate of her mother to give her presence before the court of law.
- As otherwise, she will have make an application for exemption from appearance through an advocate which may take sometime.
- Or she can also write a request to the Concerned Justice via a mail to allow her to join the VC or allow her to come after sometime.
- Or her mother advocate can also request before the court of law for her appearance in next date as he has been requested and told by Bubli only for the same.
