Ex parte award
dev kapoor
(Querist) 29 October 2011
This query is : Resolved
Hi Friends/Experts,
A known person asked my advice:
He was a driver.Left driving for sometime.While driving a pedestrian was knocked & succumbed to injuries.His LRs filed a claim petition in MACT.Award has been passed against Dvr on the ground that his D/L had Expired & was NOT RENEWED on the day of occurrence.He has been advised that Non-renewal or expiry of date of DL is not sufficient to pass award against him.He has filed setting aside ex parte application.
Q: Does it lie before MACT?
Q: Can he take plea that his DL was pending renewal or else else therefore ex parte be set aside OR
Q: What do YOU suggest? Is it Review or WP or Appeal .... ?
Please help this innocent guy.He is an old man & now Hard of hearing too.
prabhakar singh
(Expert) 30 October 2011
You have not stated the name of State,You need to check rules ,if restoration lies under there or not,else only appeal shall lie.
dev kapoor
(Querist) 30 October 2011
Sir,
The MVA extends to whole India.I believe there are no separate rules in separate states.Thats my belief only...no knowledge.Still my friend has filed application b4 Srinagar MACT (Kashmir) of J&K state.
prabhakar singh
(Expert) 30 October 2011
we both are still right in this respect.There
is a central rule and the same is amended in many states.I did not talk of the M V ACT BUT OF RULES FRAMED THERE UNDER .
