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SThat’s good evidence, the court will consider the documents and the fact that there might be contributory negligence. This process will take a long while, just be prepared for a very long ride.SHi, I am a lawyer, but not your lawyer, this is not legal advice, it is merely my opinion based on limited knowledge of facts.
Contest the MACT claim, I guess.
Lack of fitness certificate is generally considered a violation of insurance terms, so there is a likelihood that the Insurer will get exonerated and liability will fall upon you. In this case, however, if you have documentary proof of having applies for a fitness certificate, that might work in your favour.
In such cases normally the MACT directs ‘pay and recover’ where the Insurer is directed to pay the amount to the claimants and then recover the same from the owner – you.
All of this pre-supposes that full negligence on your part is proved, if your description is correct, perhaps you can argue that they were negligent or there was contributory negligence.
All in all, it’s a case of death and injury, the injured person will get compensation commensurate to their disability %. I would highly recommend contesting the claim with a lawyer, do not just ignore the MACT proceedings thinking that the Insurer will duly contest the claim keeping your interest in mind.
Regarding the criminal case, you have a lawyer already, so all the best with that.
SI hope you invoiced him for the work done. Send him a legal notice first and see where that takes you.SIt is, you’ll be surprised. It’s not that easy to blame someone for something they’ve not done. Especially not in Delhi. Things will be fine, don’t let anxiety control the narrative in your mind.SLook, I get what you’re talking about, but it is a murder investigation – you’d rather it be thorough. It’s quite necessary.SNothing you can do? If he’s suspected for committing a crime and detained by the police, he’ll be presented before a magistrate within 24 hours of such detention, at which point it’ll be decided if further detention is required or not.SFile a complaint before your regional PF commissioner or EPFO Grievance redressal system online. This is a huge fraud and no joke.SIf a trap was successfully conducted and your father got caught, then it’s very unlikely that evidence is fabricated.SThe only reply OP needs to read.
Section 37 bar is there against grant of bail in such cases, so bail might take some time, depending on his role and the facts of the case.Op has mentioned in a few comments that punishment is 10 years +, but that’s what punishment / sentence can be given after trial, doesn’t mean he must remain in jail for that long prior to conviction in trial.
