Community › Forums › Legal Advice India › Need Help! High court has ordered Pay and recover. What to do next very confused
- This topic has 6 replies, 3 voices, and was last updated 1 year, 2 months ago by
Aadyapanther152.
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AAadyapanther152
PARTICIPANT
April 19, 2025 at 2:29 amLong story short, our vehicle was involved in an accident 10 years back. Unfortunately the vehicle was operated outside permited area, so high court has ordered pay and recover from owner to the insurance company. Looks like insurance company has paid the victim . I am still waiting for next steps from lawyer but anxious how insurance company would pursue to recover the amount? The amount is quite huge above 30 lakhs which we wonβt be able to afford , so I am very anxious. anybody has any experience how insurance companies would try to recover the amount ? Please help! any way to fight it out or any option. Is trying to file a litigation in SC an option ? -
SSilentrajnish997
PARTICIPANT
April 19, 2025 at 2:43 amWhat do you mean outside of area ?-
AAadyapanther152
OP
April 19, 2025 at 4:05 amItβs a commercial vehicle and it was outside the permit area
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AAlphabro1965
PARTICIPANT
April 19, 2025 at 3:01 amWho were the parties before the High Court ? Did the insurance company file a case against you ?-
AAadyapanther152
OP
April 19, 2025 at 4:08 amVictim filed case against us and insurance company. Judge ordered insurance company to pay the victim and then recover from the owner (us) . heard from our lawyer insurance has paid the victim not sure how they will come against us to recover it ? Will they file a case to recover or try to seize the property etc ? My lawyer is ambiguous and not clear on the next step insurance would be taking-
AAlphabro1965
PARTICIPANT
April 19, 2025 at 4:24 amIf you do not pay them, the insurance company will probably file an execution petition against you, likely in the same High Court, to recover the amount from you. The court will then send you notice for recovery.If you think you have a strong case, you can appeal. If the decision was by a single judge, you may appeal to a Division Bench, if the High Court has a provision, and then file a SLP before the Supreme Court. There is no automatic right to be heard by the Supreme Court in all matters. They may decide not to hear your case based on the SLP you file.
Please discuss the detailed court order with a lawyer in person when it becomes available.
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AAadyapanther152
OP
April 19, 2025 at 10:09 amOk thank you for the details will check with the lawyer and decide further
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