Mact act case
jatin sharma
(Querist) 21 June 2013
This query is : Resolved
hi,
the petitioner file a petition in MACT tribunal for death claim of his wife.
I am defending the insurer company in this case.my Q is,the vehicle NO. which is mention in the FIR of accident case and in above said petition is not match with the insurance certificate which is submitted by the party.
so is there any way to dismiss or struck off insurer company name from the above said petition.
thanks
Adv Archana Deshmukh
(Expert) 21 June 2013
The claim will be dismissed against the insurance company. File an application for deletion.
prabhakar singh
(Expert) 21 June 2013
File a petition praying striking out the name of insurance company stating all the facts.Why to contest where there is " no cause of action" against your insurance company?
Rajendra K Goyal
(Expert) 21 June 2013
Agreed with the experts, In the given facts filing application for striking of the name of insurance co. is advisable.
jatin sharma
(Querist) 21 June 2013
will you tell me sir, in which section of cpc
i can file this deletion application?
prabhakar singh
(Expert) 21 June 2013
order 1 rule 10 of cpc if i am not mistaken
"The Court may at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the Court to be just, order that the name of any party improperly joined, whether as plaintiff or defendant, be struck out, and that the name, of any person who ought to have been joined, whether as plaintiff or defendant, or whose presence before the Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit, be added.ā€¯
BUT YOU NEED TO CHECK HOW ARE THE RULES AND IF CPC IS EXTENDED UPON THEIR SILENCE?
Raj Kumar Makkad
(Expert) 22 June 2013
Generally the name of the parties as sought in not struck out in MACT Cases rather if there is major lacuena in the petition then the petition is decided as dismissed qua that party as seems in present case.
The petitoner during the trial can at any time can make correction in the petition seeking permission of the court so the respondent cannot be allowed to be struck off from the petition during trial.
