Rights of eyewitness
NBA
(Querist) 03 February 2012
This query is : Resolved
Accident happened in city A. Court based in city A summons eyewitness twice. Both the times eyewitness go to the court and testifies.
Based on the judgement of the court, relative of died person files case against Insurance company for the claim settlement in the court based in city B. Eyewitness receives the summons from the court based in City B.
Please clarify following doubts:
1. Is it mandatory for eyewitness to go to city B and testify?
2. Can he claim to and fro expense incurred if he goes to city B. From whom? and How much?
3. What about accommodation expense at city B?
4. Eyewitness is a daily wage earner. Since he has to go to city B, he can't work on those days. Will he get compensation for the same?
adv. rajeev ( rajoo )
(Expert) 03 February 2012
To prove the case petitioner might have given the name of the wittnesses. In accident cases eye wittnessesses evidence is not necessary because court relies on FIR and Chargesheet. When summons are issued by the court it is better to go to the ourt. Wittnesses c an ask the expenses from the petittioner.
Deepak Nair
(Expert) 03 February 2012
The case filed in the City-A is the criminal case filed by Police for negligence of the driver. That is not for compensation or claim.
The case filed in City-B is the MACT claims case filed against insurance company and the owner of the vehicle for claiming compensation and damages by the victim of the accident. This case is civil in nature.
Both the cases are different cases.
Since you have received the summons from the court, you must go to the court for deposition.
The court will not bear your expenses. You can claim the expenses from the claimant/petitioner.
Raj Kumar Makkad
(Expert) 03 February 2012
1. If summons have been received then they shall have to follow the direction of the court.
2. He should check in summons whether the person calling him has deposited his expenses or not. If not, he may specially write on the copy of summon that as the provision for his to and fro fare has not been made, he cannot attend the court.
3. No accommodation expenses are provided but DA is considered.
4. It shall be decided by concerned court.
