This is a petition before a MACT in Karnataka.
Three vehicles are involved in an accident. But the driver, owner and the insurer of only one vehicle was impleaded in the petition.
Insurer of the defedents filed an IA under order 1 of rule 10 of CPC, praying for joining the driver, owner and the insurer of the other two vehicles. The prayer was granted.
Accordingly, the petition was amended. But in the amended petition, once again relief was requested from the original defendants. i.e. no claim was made against the other two parties, even in the amended petition.
Is it now necessary for the new defendants to raise elaborate defences, though no claim is made against them in the amended petition?
Or, after filing standard denials, can it be safely assumed that the MACT would not pass orders aginst parties against whom no claim is made by the applicant?
The case is in advance stage now. Is it open to the new defendants to ask for retrial on the grounds that they were not impleaded at the time of framing of issues, or at the evidence stage?
Is it open to the insurer of the other vehicles, now impleaded as parties to pray for waiver of interest on the awarded amount from the date of the original petition up to the date of passing orders under IA?
