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Sir , I had sold my bike to a garage in July 2015. The garage owner had got my signature on tto form and sold to another person but he had not transferred the bike on his name in RTO. second person soldto 3rd person still bike was on my name in RTO record . the 3rd person made an accident in Ahmedabad by the bike and absconed from the spot also engaged fighting with the injured person. The injured person filed a case , since the bike driver fled away police seized the bike served a notice to me to appear on court. police had come to me and noted the statement of garage owner and other buyer. I got a notice to appear before court . How to close the case
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A. Dear Sir the general rule is that the RC holder is liable to pay the compensation irrespective of its transfer , without following the procedure.
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Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Shreyash  Mohta
Shreyash Mohta Experience: 1 Year(s) Kolkata
Hello, This is Anand Jathar. I own a Hyundai I10 grand white car. On my way from my office to home on 10th of June, while I was waiting at a junction behind a Wagon R and a Bus, a private bus banged into my car from behind, resulting into my car hitting the Wagon R in the front and the Wagon R hitting the bus in turn. My car has been heavily damaged and the estimation of the repair is about 2.5-3 Lakhs from Hyundai. Unfortunately my insurance had expired on 1st Feb and I missed to renew it as on date and did not have any insurance (neither 3rd party) at the time of accident. Is there any way that I can claim 3rd party insurance from the insurer of the Bus ? If yes then how and what are the documents required for the same. Thanks.
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A. Dear Sir, You may approach local lawyer and try to get the relief you sought for.
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Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Suneel  Moudgil
Suneel Moudgil Experience: 15 Year(s) Panipat
Shreyash  Mohta
Shreyash Mohta Experience: 1 Year(s) Kolkata
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Anonymous

Posted 3 weeks ago

SC ordered 42 lacks against tribunal award 28 lacks and orderd to pay enhance amount within 12weeks failing SC ordered 9% interest for enhance amount from tribunal appeal date to till date of complete payment at tribunal by insurance. EP filed after so many heraing dismissed the EP and pronounced to pay the decree holder 4 lacs to insurance within 2 months without analysing the correct calculation. what should we do ? shall we move the case further against whom ? on insurance company or against whom for not implementing SC order properly. Tribunal court only order to pay to insurance company by the petitioner of EP. Is this right ?
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A. Dear Sir, Please disclose all the relevant documents before local lawyer for effective legal advise.
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Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
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Nikhil Pillay

Posted 1 month ago

In feb. 2018 i got judgement regarding my late wife's accident claim case in pune shivajinagar court, after that the insurance company move to mumbai high court for appeal on september 2018 and my advocate given me wrong information about he had already filed execution but the truth was he had filed for execution after the company move on to high court and till now there is no result and my advocate not giving me any proper answer, he jus keep on saying the case is in high court and it will take time.. i need a 2nd opinion for my case. Plz guide regarding this
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A. Dear Sir, Normally High Courts are taking years together to dispose of such cases. Better engage another advocate and expedite the matter.
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Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Suneel  Moudgil
Suneel Moudgil Experience: 15 Year(s) Panipat
Suneel  Moudgil
Suneel Moudgil Experience: 15 Year(s) Panipat
Shreyash  Mohta
Shreyash Mohta Experience: 1 Year(s) Kolkata
Minor 15 year old boy was riding bike triple load and hit my car at driver side right wheel.All three died in accident.I also got severally injured and steel plant transplanted in my leg.police chargesheeted me under section 279,427 and 304A. Please advice.
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A. Dear Sir, it is called contributory negligence. You must be aware if your vehicle was insured then it is liable for entire compensation. Secondly in criminal case basically the wards of children who given vehicle were at fault as such they must be added as accused. Try for this. There are few judgments. You are not liable for criminal charges but the parents of the rider of two wheeller.
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Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Dear Sir, There is a case registered in front Motor accident claim tribunal between my husband and the petitioner. Here the petitioner knowing that the respondent is more has filed a case in the court making me(wife) and children’s as legal heirs as well as insurance company as respondents. Here vehicle had necessary and valid documents on the day of accident- like insurance, driving license and others. Now since my children work in Delhi and Bangalore, they won’t be able to attend the case. The reason we had created an Power of attorney that is children’s giving full rights to me(mother) for signing/ appearing and making necessary arrangements before the court. Here my question to you is I had bought a stamp paper as well as notarized it in Karnataka state but that is to be submitted in Kerala. Our permanent residence -Kerala, and presently live in Karnataka due to one of my child’s work purposes Question 2 if stamp value for POA low, can we input/ add special adhesive stamps to increase the stamp value on the General POA.
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A. Dear Sir, You may contact me in person since you are residing in Karnataka so that you can get appropriate legal advise.
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Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Shreyash  Mohta
Shreyash Mohta Experience: 1 Year(s) Kolkata
General Power attorney made in as well as notarized in Karnataka and to be submitted in Kerala mact court. - is it valid before the court - for appearing signing necessary documents before the court.( No financial dealing) - just children’s giving power to mother to execute. Here Respondent is no more, and wife as well children’s are legal heir wrt to the case - fully insured vehicle Permanent address -Kerala but residing in Karnataka Is Special adhesive stamps valid since there was shortage of stamp fee.
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A. Sir, If you have a General Power of Attorney then it is valid all over the nation. Thanks Shreyash Mohta
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Shreyash  Mohta
Shreyash Mohta Exp: 1 Year(s) Kolkata
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
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Amit Banerjee

Posted 2 months ago

During my visit to jhansi a person hit my car and was injured i took him to the hospital in my car and paid his first aid Bill's but that person after 03 months filed a case against me in jhansi through court please tell me how to persuade the case I have received notice and my hearing is on 26 th april
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A. Appear in the court Hire a local lawyer Fight out the case on merits also, [provide with the bills of the treatment] this will show that you did not intend to leave him on the streets and also did whatever was required at the time. This will also act as a documentary evidence showing your bona-fide character. Thanks. Shreyash Mohta
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Shreyash  Mohta
Shreyash Mohta Exp: 1 Year(s) Kolkata
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Suneel  Moudgil
Suneel Moudgil Experience: 15 Year(s) Panipat
Deepak  Bade
Deepak Bade Experience: 9 Year(s) Nanded
my friend met with an accident recently as he was travelling in a car on a 4 laned highway at about 8pm. two guys on a motorcycle came in wrong route on curved road which resulted in the accident. the driver of the motorcycle died whereas the pillon rider suffered a fracture. It is obviously the fault of the biker but the chargesheet has not yet been made. How can my friend settle this case? please help.
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A. Please ask your friend to approach higher police officers and see that it is closed or file 482 petition for quashing
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Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Abhimanyu  Shandilya
Abhimanyu Shandilya Experience: 14 Year(s) Kolkata
Shreyash  Mohta
Shreyash Mohta Experience: 1 Year(s) Kolkata
Suneel  Moudgil
Suneel Moudgil Experience: 15 Year(s) Panipat
I had a two-wheeler. Owing to some mechanical problems, I was neither able to drive it nor sell it. It was too costly to get it repaired. So, I sold it to a scrap dealer few years ago. He dismantled it in front of me, gave me a certificate of destruction ( With his signature on revenue stamp ) and his ID proof. I did NOT collect the chassis part out of ignorance ! I have original RC with me. It's registration is about to expire ! I would like to know if there is any way to cancel its registration in above-mentioned situation ? If no, What happens when you don't get your vehicle to RTA for re-registration after expiry.
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A. Dear Sir, You may approach the concerned RTO authority and get some formats and it will be cancelled.
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Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
 Poonam Manoj Sapate
Poonam Manoj Sapate Experience: 2 Year(s) Mumbai City
Shreyash  Mohta
Shreyash Mohta Experience: 1 Year(s) Kolkata
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