Court
Handled by Advocate N. J. Parmar, B.A., LL.B., more than thirty-five years at the Bar. Court practice and notaryship run together: under section 3 of the Notaries Act, 1952 read with Rule 3 of the Notaries Rules, 1956, notaries are appointed from among advocates of long standing, and the application is routed through the court where the advocate practises.
What a claim requires
These matters are decided largely on documents, and the documents have to be gathered early — memories fade, vehicles are repaired and records are archived.
- The FIR and the accident record, the panchnama and the charge sheet where one is filed
- Medical records — the first treatment record, admission and discharge summaries, investigations, and the disability certificate where there is permanent disability
- Proof of income — salary certificate, income tax returns, business records. In death and permanent disability claims this is what the compensation is largely computed from, and it is where claims most often fall short
- Age proof for the injured or deceased
- Vehicle and insurance particulars for the offending vehicle
- Dependency particulars in a death claim — who was dependent, and their ages
Families under financial pressure are sometimes offered a quick settlement that is a fraction of what a properly computed claim is worth — particularly in permanent disability and death claims, where future loss of income is the largest component and is easy to underestimate. Take advice on what the claim is worth before accepting anything.
Gather the income proof
This is the single most useful thing a family can do early. Where the deceased or injured person was self-employed or worked informally, income is harder to establish and the claim suffers for it. Bank statements, ledgers, contracts, GST returns, testimonials from those who engaged him — assemble whatever exists.
Where the vehicle was uninsured or untraced
There are routes even where the offending vehicle was uninsured or is untraced, and they have their own requirements. Bring the police papers and we will set out what applies.
Where a claim is time-barred, where the document relied on was never registered and therefore cannot be received in evidence of the transaction under section 49 of the Registration Act, 1908, or where the realistic recovery is less than the cost of recovering it — you will be told at the first meeting, not after money has been spent. A settlement reached quickly is very often worth more than a decree obtained slowly.
What to bring
- FIR and police papers
- All medical records and bills
- Disability certificate where applicable
- Proof of income — salary certificate, returns, business records
- Age proof
- Details of the offending vehicle and its insurer
- Death certificate and dependency details in a fatal claim