OVERVIEW
Prior to the founding NMA Inc, Nagesh Maharaj was a director at one of KwaZulu-Natal’s largest law firms. Nagesh represents an array of corporate clients and litigates extensively in the High Courts of South Africa.
His areas of practice include public liability claims, insurance recovery, third-party claims, general insurance litigation, commercial recoveries, forensic investigation, fraud detection, legal opinions, personal injury, medical negligence claims, criminal law, estates, and drafting of contracts.
15 YEARS OF PRACTICE EXPERIENCE
Nagesh Maharaj practices in the following areas:
Public Liability Claims
Insurance Recovery
Third-party Claims
General Insurance Litigation
Fraud Detection
Road Accident Fund Claims
Forensic Investigation
Personal Injury Claims
Medical Negligence Claims
Contract Drafting
Criminal Law
Public Law
Criminal Law
Trusts and Estates
Family Law
NOTEWORTHY MATTERS
In a legal career marked by dedication and mastery of intricate matters, Nagesh Maharaj has consistently demonstrated his commitment to securing favourable outcomes for his clients. His exceptional skills and extensive experience have consistently translated into remarkable successes.
Nagesh Maharaj: Delivering Results Through Legal Expertise
Savvy Special Plea Strategy
In a case that underscored his astute legal acumen, Nagesh Maharaj strategically utilized a special plea to protect his client's interests. This plea centred on Sections 3 and 4 of the Institutions of Legal Proceedings Against Certain Organs of State Act. The Act explicitly mandates that notices must be addressed to the municipal manager. However, the opposing party erred by directing their notice to the legal department, failing to rectify this critical defect even after the special plea was filed.
With no replication or application for condonation being brought by the opposing party to deal with the issues raised in the special plea, the court had to deny the third party's claim. As a result, the third party, who had waited nearly six years for her day in court, ultimately withdrew her action in favour of Nagesh's client. This shrewd legal manoeuvre saved the client a substantial R 2.5 million, underscoring the importance of precise legal procedures.
Shaping Personal Injury Claims
Nagesh Maharaj's meticulous approach in defending his client against a personal injury claim yielded substantial savings for his client on a claim of R 2 800 000.00. The lions share of the third party’s claim was made up of loss of earnings. After having embarked on an exhaustive investigation, and utilising the Uniform Rules of Court he established, despite much opposition from the third party, that the third party held multiple active bank accounts and earned income from undisclosed businesses. Nagesh successfully reduced the claim to R 660,000.00 been payment of general damages only, resulting in saving his client a significant R 2,140,000.
Triumph in Complex Litigation Matters
Nagesh Maharaj's prowess extends to complex litigation matters. In a case where a local authority faced a claim related to an electrocution of a minor. Nagesh displayed his legal prowess by successfully defending his client both in the High Court and, again when the matter was taken on appeal to the SCA.
This legal triumph saved his client from a potentially substantial liability.
Preserving Clients' Financial Resources
In yet another instance, Nagesh Maharaj wielded his legal expertise to safeguard his client's financial resources. When faced with a claim arising from a burst water main, he strategically leveraged the Notice of Institution of Legal Proceedings Against Certain Organs of State Act. The plaintiffs had submitted a notice that lacked essential details, making it impossible to assess the claim's validity.
Nagesh's well-argued case led to the dismissal of the plaintiffs' action, sparing his client from a considerable financial burden.
OTHER NOTEWORTHY MATTERS
In yet another instance, Nagesh Maharaj wielded his legal expertise to safeguard his client's financial resources. When faced with a claim arising from a burst water main, he strategically leveraged the Notice of Institution of Legal Proceedings Against Certain Organs of State Act. The plaintiffs had submitted a notice that lacked essential details, making it impossible to assess the claim's validity.
Nagesh's well-argued case led to the dismissal of the plaintiffs' action, sparing his client from a considerable financial burden.
Contract
Nagesh Maharaj was tasked with conducting an audit of a Local KwaZulu-Natal Municipality. COGTA received a “tip off” of nepotism and the alleged role played by the Mayor and Municipality Manager in this regard. The audit entailed the investigation of the possible violation of the Municipality’s Recruitment Policies, identification of possible/potential suspects, establishing whether there was any criminal conduct by any employees or councillor’s, identifying weaknesses that may have enabled any irregularities or misconduct to occur, and to make recommendations on preventative measures that could be adopted, on the basis of the evidence gathered and to ascertain whether the Municipality suffered any loss or prejudice.
Nagesh Maharaj's remarkable track record underscores his unwavering dedication to delivering results for his clients. His strategic brilliance, attention to detail, and unyielding commitment to legal excellence continue to make him a formidable force in the legal profession.
Audit
By virtue of his expertise and years in Insurance recovery, third-party claims, and insurance litigation space, Nagesh Maharaj has developed a methodology that has recovered and saved his insurance clients millions of rands each year.
In addition, he has developed an online system that allows his corporate clients, their brokers, and clients access to claims progress in real time. The system keeps all parties in the matter updated and saves his clients both time and money as there is no longer the need to wait for updates on claims.