Review

jains (Querist) 02 May 2017 This query is : Resolved
Mact tribunal awarded compensation from driver and rc owner. Though rc owner received notice in the op, he did not appear as the actual owner (sale deed owner) assured him that he would appear and do the necessary to exonerate him frim the liabilities. Anyway actual owner did not do anything to save rc owner from this. Petitioner filed ep. Then only rc owner got the I information that he step backed from his assurances. More over sale deed owner made forged vakalath, written statement etc. .so as to make the tribunal to made an award against rc owner. Now rc owner would like to file review petition to review the matter so that he could give his evidence to prove his innocence. Is review court can make an order to take new fresh evidence and dispose the matter afresh.

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Sudhir Kumar, Advocate (Expert) 03 May 2017
You have not been able to put the facts in understandable manner.

You have also not disclosed all relevant facts.

Sudhir Kumar, Advocate (Expert) 03 May 2017

All that could be understood is that :-

(i) the vehicle was sold.

(ii) it was sold by sale deed.

(iii) RC was not changed.

(iv) There was accident.

(v) Registered owner was respondent.

(vi) Buyer was not the respondent.

(v) Either there was no insurance or there were conditions sufficient for the Insurance Co to deny liability (and such plea of Insurer was
accepted by court)

(vi) The RC registered owner did not at all
defend the suit.

(vii) The RC registered owner also did not inform the court of the transfer of vehicle to other person.

(viii)The RC registered owner also did not inform the court that the offending driver was not his employee or he never permitted him to drive.

(ix) The compensation suit has been decreed against the RC registered owner and driver.

Please confirm if the above are correct only some useful view can be formed.

Dr J C Vashista (Expert) 03 May 2017
Review, if filed shall be dismissed.

File a writ petition in High Court through a local prudent lawyer.

Rajendra K Goyal (Expert) 03 May 2017
Full case file and orders of court need to be referred, discuss with some senior lawyer.

Guest (Expert) 03 May 2017
Agreed with Mr.RK Goyal

Kumar Doab (Expert) 03 May 2017
Visit local counsel handling MACT cases with Full case file and orders of court, as suggested by Goyalji and Vashistaji.

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