Mact
Adv B.B.Gambhir #9814820602
(Querist) 08 September 2015
This query is : Resolved
a minor hit a bike with my client prakashvati. FIR WAS registered and thereafter the same was cancelled and DDR was registered as the driver of the offending vehicle was minor.
Parkash wati filed claim petition agaisnt Karan and his father being next friend and guardian. Now after completion of evidence of both the parties, it has come into knowledge that the true owner of the vehicle was elder brother of Karan who has not impleaded as party. Now what should i do. wheter i should continue as such or any other option...
Sudhir Kumar, Advocate
(Expert) 09 September 2015
how could this happen that claim is filed without seeing the RC of the vehicle.
Without owner of the vehicle impleaded no claim may not be executable. Since vehicle was driven by minor the insurance company would have shaken off the hands and the claim will lie on the owner and driver only. The driver being minor may not be having any property to be attached.
P. Venu
(Expert) 09 September 2015
What do you mean by true owner?
Dr J C Vashista
(Expert) 12 September 2015
Dear Mr. BB Gambhir,
It is strange that a FIR lodged and thereafter cancelled.
1. Has it been quashed or closed?
2. Subsequently the FIR/DAR has been made a basis for preferring a MAC? Both the statements are contradictory.
3. Is it true averment? I have all my doubt.
Please recheck with the client.
Adv B.B.Gambhir #9814820602
(Querist) 13 September 2015
fir has been cancelled and a DDR was registered because the driver was the minor
every one has told that wrong has done but no one has suggested the solution. whether i should remain continue with the case as such or i should take another step.
T. Kalaiselvan, Advocate
(Expert) 17 September 2015
In my opinion you may proceed by the present condition itself or can get further details clarified from some local experts in person by furnishing full and proper details There are many such situations in common.
