• Small cause notice

Dear Sir, My bike was involved in an accident in the month of February 2013, where a husband & wife rammed into my bike got injured.Though it was their fault,i ended up paying the fine.

FIR was lodged and i was asked to go to the court and pay the fine. After several months today i received a small cause notice from Chennai High court (Civil) to be present on 17th of december. As per the notice the husband & wife has claimed for  a settlement of Rs.7.5 lakhs. My bike is covered with the third party insurance with a limit upto Rs.1 lakh.
Is it matter of concern for me even after paying the fine ? or do i just need to be present there as a formality as the discussion would take place between the insurance company & the complainant.  Do i need to be present in the first hearing and thereafter or assign a lawyer ? what should i do and whats the next process. Since i am working and keep travelling,its difficult for me to be present on every hearing ? Should i be hiring a lawyer for this ?how much would a lawyer charge ?

Is there a possibility that the insurance company acknowledges the claims upto 1lakh and then high court judge may ask me to may the remaining amount. If this is so..this would be my worst nightmare.Cant afford it

Eagerly awaiting your response.

Asked 3 years ago in Civil Law from Chennai, Tamil Nadu
Since presumably a notice was given to you to be present in court, you should definitely attend court either personally or through an authorized lawyer. Your lawyer will take care of the proceedings and attend hearings whenever necessary. You should, of course, keep up to date track with the lawyer. As regards lawyer's costs, you have to talk to the lawyer concerned.

The court awards damages depending on the nature of injury, irrespective of the claim by the injured person.
Prabhat Shroff
Advocate, Kolkata
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