Petition filed under section 166 of motor vehicle act
Shankar
(Querist) 06 December 2015
This query is : Resolved
My was travelling to Bangalore on 28.03.2014 by car and on the way she met with accident on the highway near Krishnagiri( Tamil Nadu State).
On the highway near a U-Turn, one of the two wheeler rider(taking over mobile phone) with the pillion rider from the left side of the road suddenly came to the right side of the road without giving any signal indication.
Both the riders of the two wheeler were injured and taken by highway ambulance to the nearest hospital for treatment.
Front side car was also badly damaged with broken windshield and bumper. Police from the nearest station arrived at the spot and vehicle was towed to the police station to their custody. My wife was charged with case under Section 279 and 337 of IPC.
Subsequently, vehicle was released and case filed in the station was closed in the court with payment of fine. Vehicle damaged in the incident was later brought to Bangalore and repairs carried out with insurance claim.
After 1.5 years now, both the riders of the two wheeler have filed petition from the court under Section 166 of Motor Vehicle Act claiming for huge compensation. My wife is the first respondent and second respondent is the insurance company.
As per the notice from the court, they have scheduled date for appearing in the court in person or through pleader failing to which the petition will be heard and disposed in my wife's absence.
I have spoken to insurance company and copies of the petition has been sent by registered post to the insurance company.
As I understand, insurance company legal advocates will fight the case. But I need to understand whether I should file any objection to the petition filed and appoint any advocate from my wife's end to represent her in the court.
Kindly advise me the steps to be taken from my wife end in this case.
For your information all the documents from my wife is in order. Insurance policy prevailing at the time of accident is of Comprehensive Type.
Regards,
Shankar
T. Kalaiselvan, Advocate
(Expert) 14 December 2015
If your vehicle insurance was in force at the time of accident, you need not worry about the case, the insurance company will handle the case. You can remain from not attending the court.
