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UMy father is accused of a motor accident which was never done by him. The opposite party who has filed the case changed the whereabouts of the case and my advocate after joining hands with the Opposite party screwed us. My father being a illiterate person failed to comprehend all these and the court ordered 3.5 lakhs compensation for the broken leg. Now after loosing enough fortune, we are now bound to pay the compensation, for a crime he never did. Now, my father is a senior citizen (>60) and has zero income (I’m the only bread-earner) and he owns no property. Now, the question is he liable to pay the compensation? Or I, being the only legal heir bound to pay the amount? Or is there anything we can do to save our future? Please help me out. 🙏🏻🙏🏻🙏🏻
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CA lot of variables here, however this is highly unfortunate.
Read the judgment carefully, and go in Appeal (with a better lawyer). You aren’t liable to pay for your father, and if required you have quite a few alternatives to resist paying the amount; including filing a complaint against your lawyer.
Best wishes to you.
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UIn certain cases the owner has to pay from his own pocket. Especially when there’s a material breach of policy condition or when the claim is not covered under policy.
Technically the insurance company will have to pay(due to a judhement of supreme court) but they reserve a right to recover that amount from the owner.
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DI am not a lawyer but will try to advice you from what I can comprehend.
There are not much facts stated by you . While directly you can’t be forced to pay or have thing to do with your fathers debt however, as a part of your family he may have to undergo legal problems if he can’t pay.
However, don’t loose hope. You have below options
1) find a good lawyer explain him the case and file for appeal
2) if you can’t find a good lawyer then file for installments with the court
3) your fathers last resort is to file for indigency or pauper status under order 33 of Code of Civil Procedure in the same court. Basically you are informing court that you don’t have money to pay. Your father might have to submit income certificates, bank statements, proof of unemployment, affidavit that you can’t pay etc. the court will hear your petition and then may either grant you complete exemption from payment , may offer you installments or may attach an asset. File a petition under order 21
4) your father can declare bankruptcy or insolvency . But be aware it comes with its own challenges .
Let me know which state you are in I can speak to some lawyer friends and may recommend a legal help.
Again this is just a suggestion and should not be treated as legal advice. You should only listen to a competent lawyer fully versed with your case.
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