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Old 19th April 2019, 14:09   #556
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Default Re: XUV500: Severe crash, but not a single airbag deployed (driver injured)

Is there any update on:
1. Condition of the person who met with the accident?
2. The case with M&M?

Dear mods. Please share details if available.
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Old 19th April 2019, 20:56   #557
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Default Re: XUV500: Severe crash, but not a single airbag deployed (driver injured)

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Originally Posted by ruzbehxyz View Post
Is there any update on:
1. Condition of the person who met with the accident?
2. The case with M&M?

Dear mods. Please share details if available.
I too am curious about the boy's condition. I hope he recovers fast and leads a healthy life
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Old 22nd April 2019, 13:43   #558
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Default Re: XUV500: Severe crash, but not a single airbag deployed (driver injured)

This is extremely sad and horrifying. Speedy recovery to you son sir.
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Old 17th June 2019, 22:20   #559
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Default Re: XUV500: Severe crash, but not a single airbag deployed (driver injured)

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Originally Posted by V.Narayan View Post
The young man's progress has been slow on nervous motor control and ability to talk from what I gathered in February. Some improvement but slow. I have not enquired about the case against M&M.
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Originally Posted by arvindb4 View Post
I am not giving up ever. Patience is the key. I have to restrain on sharing for now.
Any update sir on how Madhav is and how well he is recovering?
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Old 18th June 2019, 12:11   #560
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Default Re: XUV500: Severe crash, but not a single airbag deployed (driver injured)

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Originally Posted by a4anurag View Post
Any update sir on how Madhav is and how well he is recovering?
I don't know the latest.
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Old 29th January 2020, 20:19   #561
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Default Re: XUV500: Severe crash, but not a single airbag deployed (driver injured)

2 Long Years. Madhav is still struggling against all odds. Mahindra has finally moved an application in National Consumer after we filed. Obviously they are negating everything his case had to say and trying to use the legal ploy to prolong. Next dates run into months. Let's see. Just wanted everyone to know that I haven't given up on fighting for justice.

Last edited by Aditya : 30th January 2020 at 17:46. Reason: Missing word added
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Old 30th January 2020, 17:26   #562
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Default Re: XUV500: Severe crash, but not a single airbag deployed (driver injured)

We hope the boy recovers soon and things get back to normal. Don't know why; but I had this intuition right from day one that this case is going to the court.

Is any third party agency involved in the case now? Has the vehicle been scrutinized for the functional health of the parts in the place? If yes, then I hope the odds turn into your favor.
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Old 14th July 2020, 18:31   #563
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Default Re: XUV500: Severe crash, but not a single airbag deployed (driver injured)

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Originally Posted by arvindb4 View Post
2 Long Years. Madhav is still struggling against all odds......
The important thing is your son's recovery process. . All the prayers and wishes of this forum is with your son and we hope to hear good news about his recovery status.
The case will prolong and they will negotiate for settlement only if/when they have to. Such is the mindset of all corporate companies and Mahindra is no different.
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Old 27th August 2020, 02:56   #564
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Default Re: XUV500: Severe crash, but not a single airbag deployed (driver injured)

I've spent all night reading from the beginning. It's almost 3AM ,
and would like you to know, OP that Madhav bhaiyya is in our prayers and that we hope he gets well soon.

We understand that details of the case cannot be shared as it can be counter intuitive as D-BHPian V.Narayan has mentioned too.
All we hope for is that the manufacturer is brought to justice for a bad design that is life threatening.

I have no apprehensions saying this because there is no mistake in erring towards the side of safety but only a mistake otherwise.
A crash of this magnitude and type should have at least the curtain airbags deployed.
There is absolutely no justification and those waiting for tests and results must understand that a bash to the doors and side of the car like seen on yours should necessitate curtain airbag deployment I don't see why the reinforcements inside the door have to be bent to make sure a passenger receives the protection of airbags.

If not the case against M&M, Please keep us updated with Madhav bhaiyya's condition.
We are constantly hoping for his full recovery. Maybe even see him on the forum one day
Hoping for the best.

Last edited by Akshay1234 : 28th August 2020 at 01:55. Reason: Removing double spacing
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Old 27th August 2020, 19:39   #565
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Default Re: XUV500: Severe crash, but not a single airbag deployed (driver injured)

I implore the father of the adult boy to never go to the consumer court. Try your level best to file a criminal case though a competent lawyer. I fought a case in the consumer court against Tata for my Junkindica and finally lost the case in the Supreme Court after 14 years yes you read that right 14 years. If you read the judgement of the Supreme court, you would want to resettle abroad. I won all the cases in the lower court as I represented myself(even got an arrest warrant issued by the lower court) but the moment I employed a lawyer it went down hill from then on. Consumer courts in Bharath in my opinion is an utter waste of time. I have not read the complete post but this is just my advice to you.
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Old 27th August 2020, 21:08   #566
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Default Re: XUV500: Severe crash, but not a single airbag deployed (driver injured)

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Originally Posted by drpullockaran View Post
I implore the father of the adult boy to never go to the consumer court. Try your level best to file a criminal case though a competent lawyer. I fought a case in the consumer court against Tata for my Junkindica and finally lost the case in the Supreme Court after 14 years yes you read that right 14 years. If you read the judgement of the Supreme court, you would want to resettle abroad. I won all the cases in the lower court as I represented myself(even got an arrest warrant issued by the lower court) but the moment I employed a lawyer it went down hill from then on. Consumer courts in Bharath in my opinion is an utter waste of time. I have not read the complete post but this is just my advice to you.
So, help me understand how it would have been different if you had filed a Criminal case. Ultimately that case would have also landed in the same Supreme court, perhaps even longer than the 14 years it took you.

Just to be clear, I am familiar with the delays in our judicial system, and I know some of the ills that plague it, however I can't fathom why you'd believe the outcome would have been different if you had filed a Criminal case.
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Old 27th August 2020, 21:22   #567
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Default Re: XUV500: Severe crash, but not a single airbag deployed (driver injured)

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Originally Posted by Lalvaz View Post
So, help me understand how it would have been different if you had filed a Criminal case. Ultimately that case would have also landed in the same Supreme court, perhaps even longer than the 14 years it took you.

Just to be clear, I am familiar with the delays in our judicial system, and I know some of the ills that plague it, however I can't fathom why you'd believe the outcome would have been different if you had filed a Criminal case.
The consumer forum does not have teeth. The main reason for the supreme court to reject my case was that I had used the car for 120000 kilometres in the 14 years of permitted road use since the district and state forum had allowed me to use the car. Using the car for the mentioned distance and years I covered was the reason the supreme court gave, for rejecting the case in favour of the company. All along I could not use the car to climb gradients of bridges in Ernakulam city with the air conditioner switched on at rated payload. A senior lawyer advised me, much after the verdict in my case to approach the criminal court if there is the slightest chance to take that route in the future. I erred in mentioning that it was 14 years actually it was 17 years.
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Old 28th August 2020, 00:15   #568
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Default Re: XUV500: Severe crash, but not a single airbag deployed (driver injured)

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Originally Posted by drpullockaran View Post
The consumer forum does not have teeth. The main reason for the supreme court to reject my case was that I had used the car for 120000 kilometres in the 14 years of permitted road use since the district and state forum had allowed me to use the car. Using the car for the mentioned distance and years I covered was the reason the supreme court gave, for rejecting the case in favour of the company. All along I could not use the car to climb gradients of bridges in Ernakulam city with the air conditioner switched on at rated payload. A senior lawyer advised me, much after the verdict in my case to approach the criminal court if there is the slightest chance to take that route in the future. I erred in mentioning that it was 14 years actually it was 17 years.
I was given to understand the consumer courts are much faster than the civil and criminal courts and hence it was supposed to provide faster dispute resolution to aggrieved consumers (Atleast theoretically).

Since all lower courts ruled in your favour and eventually the SC ruled against you, I believe the outcome would not have been dramatically different if you had pursued the criminal case. Perhaps the 17 years might have stretched a lil longer or you might have lost in the HC itself. Fact is that the justice system does not really work as it should. I wouldn't believe everything the senior lawyer told you, since I have a very low opinion of most of them.

Sorry for your loss, but at least you tried. And you're probably right, reading the verdict would probably make most readers want to leave the country.

Last edited by Lalvaz : 28th August 2020 at 00:16.
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Old 28th August 2020, 08:07   #569
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Default Re: XUV500: Severe crash, but not a single airbag deployed (driver injured)

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Originally Posted by drpullockaran View Post
I implore the father of the adult boy to never go to the consumer court. Try your level best to file a criminal case though a competent lawyer. I fought a case in the consumer court against Tata for my Junkindica and finally lost the case in the Supreme Court after 14 years yes you read that right 14 years.
Feel sorry for the inconvenience caused to you. The manufacturer should have resolved your problem.

As I understand, your car couldn't climb the flyover with all passengers + baggage (rated payload) with AC on.

What did you demand from the manufacturer? What did you request court to order the manufacturer?
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Old 28th August 2020, 21:01   #570
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Default Re: XUV500: Severe crash, but not a single airbag deployed (driver injured)

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Originally Posted by Rahul Bhalgat View Post
Feel sorry for the inconvenience caused to you. The manufacturer should have resolved your problem.

As I understand, your car couldn't climb the flyover with all passengers + baggage (rated payload) with AC on.

What did you demand from the manufacturer? What did you request court to order the manufacturer?
My car was from the last batch of Indica of version 1. It probably had the the most power and most mileage on average of any Indica built till then. However I rode it whether in the City or on the highway, loaded or without load with AC or without AC the variation in efficiency was just 0.4 kilometres for every litre. It gave me between 16.8 and 17.2 kilometres for every litre of diesel. I could climb flyovers in Ernakulam in second gear at rated payload with ac and without pressing the accelerator at all. The car had normal idle at 800 RPM.

All this went kaput when I give it for my first service. Without my permission on test driving my vehicle, the engine was opened up to measure the valve tappet clearance for which I have a record in the log book at the end of the the service manual booklet. My patient warned me about it since he was an employee at the service centre but I was out of station. After I returned and collected the vehicle, the car was not the same anymore. City mileage went down to 12 kilometres per litre and Highway mileage went up to 19 kilometres per litre. Total lack of power was felt after the first service. They tried their level best for another 12 months after which they gave up and I was forced to file the case in the consumer court and the rest is history.

I have made up my mind never to buy a brand new car ever again and settle down with low odometer run non turbo charged petrol cars that have covered the warranty period.
Consumer courts in Bharath are without teeth, and hence my advice to the parent to avoid seeking justice through them as far as possible.
It is a waste of time breaking your head on it in my opinion.

My next car will be the brand new model Honda City petrol when it becomes available in the second hand market.
I presently drive a first batch brand new Chevrolet Cruze which I have owned for 11 and a half years without a single major trouble except for the lower front suspension control arm 2 years ago
For city use I drive a first batch second hand but very peppy and reliable Datsun Go which is a gem for city use with its powerful AC, variable valve timing and variable steering assist. The only negative is that in the event of a collision it will give you as much protection as a condom would. I use it strictly in the City.

Last edited by drpullockaran : 28th August 2020 at 21:09.
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