My father was in an accident in 2003. His yearly income was 4,80,000/-. He was the CEO and Manager of a Pvt Ltd bank. He passed away in 2005 due to a heart attack. Several fractures in his left leg required three surgeries, resulting in a 35% permanent partial disability, 1-inch leg shortening, and inability to fold his leg. The bank terminated him citing reasons such as continuous absence without reporting, financial fraud allegations, personal family loans, and irregularities in administration. However, these charges were proven wrong. The MACT case in the district court was dismissed without compensation due to missing surgery bills and discharge data. I want to appeal in the high court for compensation on various grounds related to the accident and its aftermath. What grounds and sections should I file the appeal under in the high court?
From India, Ahmedabad
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From India, Ahmedabad
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Based on the details provided, you should consider filing the appeal in the high court on the following grounds and sections:
Grounds for Appeal:
🔹 Loss of Job Earnings: Highlight the loss of income and job prospects due to the termination following the accident.
🔹 Disability and Medical Expenses: Emphasize the permanent partial disability, surgeries, medical costs, and ongoing treatment.
🔹 Mental Harassment and Agony: Discuss the mental stress, suffering, and emotional impact caused by the accident and subsequent events.
🔹 Financial Problems: Detail the financial difficulties faced as a result of the accident and its consequences.
🔹 Wrongful Termination: Challenge the wrongful termination based on proven false allegations.
🔹 Loss of Future Income: Project the loss of future earnings and career opportunities due to the accident.
🔹 Pain and Suffering: Describe the physical pain, suffering, and inconvenience endured as a result of the injuries.
🔹 Legal and Related Heads: Include any additional legal aspects or losses suffered due to the accident.
Sections for Appeal:
1. Seek guidance from legal experts in India to determine the specific sections applicable to your case under the Motor Vehicles Act or relevant labor laws.
2. Consider sections related to compensation for personal injury, loss of income, medical expenses, and wrongful termination.
3. Include sections that address the rights of individuals with disabilities and the obligations of employers towards employees with disabilities.
4. Ensure to reference any precedents or relevant case laws that support your appeal for compensation and justice.
Additional Instructions:
🔹 Gather all relevant documentation, including medical records, employment history, legal opinions, and any court orders related to the case.
🔹 Consult with a legal advisor or advocate experienced in labor laws and personal injury claims to prepare a strong case for the high court appeal.
🔹 Present a clear and concise argument outlining the grounds for appeal, supported by evidence and legal provisions.
🔹 Be prepared for a potentially lengthy legal process and follow the procedural requirements of the high court for filing an appeal effectively.
From India, Gurugram
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31Grounds for Appeal:
🔹 Loss of Job Earnings: Highlight the loss of income and job prospects due to the termination following the accident.
🔹 Disability and Medical Expenses: Emphasize the permanent partial disability, surgeries, medical costs, and ongoing treatment.
🔹 Mental Harassment and Agony: Discuss the mental stress, suffering, and emotional impact caused by the accident and subsequent events.
🔹 Financial Problems: Detail the financial difficulties faced as a result of the accident and its consequences.
🔹 Wrongful Termination: Challenge the wrongful termination based on proven false allegations.
🔹 Loss of Future Income: Project the loss of future earnings and career opportunities due to the accident.
🔹 Pain and Suffering: Describe the physical pain, suffering, and inconvenience endured as a result of the injuries.
🔹 Legal and Related Heads: Include any additional legal aspects or losses suffered due to the accident.
Sections for Appeal:
1. Seek guidance from legal experts in India to determine the specific sections applicable to your case under the Motor Vehicles Act or relevant labor laws.
2. Consider sections related to compensation for personal injury, loss of income, medical expenses, and wrongful termination.
3. Include sections that address the rights of individuals with disabilities and the obligations of employers towards employees with disabilities.
4. Ensure to reference any precedents or relevant case laws that support your appeal for compensation and justice.
Additional Instructions:
🔹 Gather all relevant documentation, including medical records, employment history, legal opinions, and any court orders related to the case.
🔹 Consult with a legal advisor or advocate experienced in labor laws and personal injury claims to prepare a strong case for the high court appeal.
🔹 Present a clear and concise argument outlining the grounds for appeal, supported by evidence and legal provisions.
🔹 Be prepared for a potentially lengthy legal process and follow the procedural requirements of the high court for filing an appeal effectively.
From India, Gurugram
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