Legal Question in Personal Injury in
my sister was married in 2003 and after that her husband and his family was torching my sister and not give her a happy life so only after 3 month she came back and after some time my sister and our family put case against them 125 and after sometime they agreed to get back my sister and they hit my sister and tried to give her suicide.so,she put case against them 498.this both case was running on and on the date of 11/11/2008 my sister met with accident by truck and we admitted her in hospital for 3 days and we paid hospital charges around 90000.more over we donated eyes and kidney.so,she had passed only 3 months in 5 years marriage life.so,now the case is that we settled down with them for against case of 498 for give us the right for mact and we made mou for that and finished 498 case.when they knew the amount of claim will be approximately 25 lacs .so,they are denied for giving us a right for mact and most important thing is we have all documents for mact and regarding my sister's life her husband have not a single document for mact so in this case i want to know they my parents have rights for mact or not?if my mother would fill a mact case for death of my sister so,what are the possibilities in this case?actually mact case is running on but as per our mou we made applicant my sister's husband because when we made mou in that he abide that when all amount of claim will be come he will give us all amount of mact but now he is changing his statement.so,i want to know that which are the further process we can do and which are the case we can put against them tell me?my mobile no:+09913882509 I'm living in gujarat in gandhinagar.if you can assist me for further process.call me if you can.provide me the some referable judgment of any court who had gave decision in favor of parents? i'm dhigesh joshi
2 Answers from Attorneys
It involves lot of technicalities. Your sister even if filed cases was not divorced. so, her husband is the legal heir for all purposes unless you had your sister's will. In any event, you applied in his name for MACT. So, if now your claim is based on the settlement, then, you will have to file a case against sister's husband for recovery of the compensation and along with that you file a stay application that he may not be able to use that money and money be put in a fixed deposit.
does your sister have any child/
in this situation, when the applicant is husband, how can you claim the amount of compensation. at the most you entitled for expenses that you incurred on your sister during hospitalization.
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