Advocate Appears For Both Accused, Claimant In Motor Accident Case; Tells HC He ‘Forgot’ About His Appearance For Accused [Read Order]

The advocate said this was his first act of this nature in his career of 25 years and assured the court of exercising due care in future.

It can be quite a task for any advocate to stay organised with the long list of dates and cases and to remember every appearance.

But in this case before the Allahabad High Court, the “mischievous” advocate who was summoned for appearing for both the accused and also the claimants in a motor accident case told the court that he “just forgot” about his appearance in the bail and release proceedings of the accused and “and therefore mistakenly accepted the brief on behalf of the claimants”.

Advocate Sobhram Kushwaha was summoned by Justice Ashok Kumar when advocate Pranjal Mehrotra, appearing for insurer Tata AIG General Insurance Company Limited, pointed out that advocate Sobhram had appeared on behalf of the accused Bablu, the owner of the tempo, and Dinesh Chandra, the driver, in the criminal proceedings related to the same accident and now he was appearing for the claimants too.

Finding his conduct “mischievous and wrong”, the court summoned him.

While appearing before the court, advocate Sobhram tendered an unconditional apology.

He said in his affidavit that “after the disposal of the aforesaid bail and release application the claimants approached him, after a gap of about one month, for filing of the claim petition, which he accepted and filed on their behalf”.

The court noted that the advocate said in his affidavit that “though he has filed the claim petition but for the owner and driver one Sri Faizan Khan, Advocate appeared in the claim proceedings…that he just forget about his appearance in the bail and release proceedings and, therefore, mistakenly accepted the brief on behalf of the claimants”.

The advocate said this was his first act of this nature in his career of 25 years and assured the court of exercising due care in future.

“In view of the personal affidavit filed by Sri Sobhram Kushwaha and the averments of the same, this Court finds it appropriate to caution him not to do such things which may defame not only him personally but the noble profession at large. His presence be noted and seeing his conduct he will be cautioned by this Court to take care in future,” noted Justice Kumar.

It is to be noted that the court was hearing an appeal moved by Tata AIG against the March 29 order of the MACT directing it to pay Rs 6.60 lakh to the parents of a man who died early last year after being hit by a rashly driven tempo.

During the hearing of the appeal, the company pointed out Kushwaha’s act against settled norms.

In this case, Iradatnagar (Uttar Pradesh) resident Kamal Singh had died after being hit by a tempo on the night of January 6, 2017, while he was returning home on foot.

Kamal was 38 years old when he breathed his last and used to make Rs 10,000 every month from farming and milking cattle.

His mother Sondevi and father Bhagwan Singh had moved MACT claiming compensation.

The tribunal had directed Tata AIG to pay compensation of Rs 6.60 lakh to the claimants.

Before the tribunal also, the insurance company had said there appeared to be some conspiracy between the accused and the advocate who is also appearing for the claimant.