Motor Accident Claim Appeal - My case details not updated in hck info Motor Accident Claim Appeal - My case details not updated in hck info

5 months ago

My wife met with a bike accedent 5 years ago and the Juditial Municif court awarded the compensation one year ago. After waiting 6 months we have filed EP against insurance company, the court stayed the EP under the condition that the proceedings will continue after paying 50% of the compensation. Reason for the appeal is - disability is 21% in medical record, but we applied as 25%, is because the disability details updated to court directly from the hospital. So we assumed it might be 25%. Still we are wating and again filed direction to court. Getting too much delay. Can we get Justice?

Anik

Responded 5 months ago

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A.Dear Client
If there are conditions set by the court, ensure you fully understand them. If there are delays, you can follow up with the court to understand the reasons behind the postponement of proceedings. The court's clerk or administrative staff may provide information on the status of your case. Depending on the circumstances, you might explore the possibility of mediation or a settlement with the insurance company. If you're facing financial constraints, inquire about the availability of legal aid or pro bono services in your jurisdiction. Some legal professionals offer assistance to individuals who cannot afford legal representation.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 5 months ago

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A.Dear Client,
Speedy trial is a fundamental right implicit in the guarantee of life and personal liberty enshrined in Article 21 of the Constitution of India and any party to a litigation who is denied this right of speedy trial is entitled to approach the high court under Article 226 of the Constitution of India as well as Supreme Court under Article 32 of the Constitution of India for the purpose of enforcing such right. Further, you can also approach the High Court directly for violation of some legal rights as and when mentioned in the High Court rules. You can also file a petition under Article 226 of the Constitution before the High Court praying for a direction from the court below wherein your case is pending for expeditious hearing of the case and disposal within a given time frame. Apart, you can put up an application before the Court praying for the transfer of your case to a Fast Track Court or Lok Adalat for speedy trial by expressing the reasons/causes in the application. If the court does not allow your application, then, file a petition under Article 226 of the Constitution before the High Court praying for a direction upon the court below wherein your case is pending for early hearing and disposal of the case which has been running for long five years.
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Vidhi Samaadhaan Vidhi Samaadhaan

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