Legal Question in Insurance Law in India

Accident Claim

Dear Sir,

My son aged 25 was working as a senior engineer (Ashoka BuildCon Pvt Ltd)-Roadways and was drawing a pay around of Rs.9984/- pm since 4/3/01. He was also doing a civil construction services namely M/s Jagathambal Cons owned by him with around 60 employees working under him and by that he was earning around 3lac PA. while he was proceeding to his duty on 30/04/2001, he met with an accident by a Lorry and died while on the way to hospital.The lorry was insured with New India Assurance. The Local Court gave the verdict that it was an accident and also fined the lorry driver. For the comp. purpose, a case was filed for a comp. of Rs.50lac. The verdict given by the court says an award of Rs.9,77,600.Now that the insurance company has gone for appeal in Madras High Court saying that

�He was working temporarily in the Ashoka con ,Jagathambal co owned by victim was not licensed and not proved hence the compensation is more. Unfortunately, the following proofs & certificates were not included:The Previous experience of victim (5 years),Proof of Jagathambal Co & Prodeeings of its license process,Original Salary certificate& Pay slip

4.Offer from L&T Company after his demise

Kindly advise me, how to proceed further


Asked on 7/18/03, 12:50 am

2 Answers from Attorneys
BANKIMCHANDRA SHAH ADVOCATE DIGVIJAYA CONSULTANCY SERVICES

Re: Accident Claim

Please contact me at my ph. no. 0261-2253322/2255268 at Surat, Gujarat, India. visit my web page at :

ahmedabad.sancharnet.in/digvijay_bom6.

I hope if you meet personally, I can be helpful to you in resolving your problem

with regards

Bankimchandra Shah

Advocate.

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Answered on 7/18/03, 1:10 am
Mr. Rajkumar Dubey Dubey & Partners - Advocates

Re: Accident Claim

Dear Sir,

We have gone through the the query posted by you to us. However, in order to understand the facts of the case more clearly, we request you to forward to us the following documents �

1. A copy of the Order given by the local Court

2. A copy of the Appeal filed by the Insurance Company in the Madras High Court

3. Details pertaining to M/s Jagathambal Company including its license status.

We shall be able to give our reply to your query once we peruse the above said documents/facts provided therein.

Yours truly,

Dubey & Partners

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Answered on 7/22/03, 9:52 am


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