Obeth Sowwndarajan 04 July 2018

Accident Case

Hi Team,

We lost my dad during an accident happened in 2014, it's been 4 years now and there was no appearing from the opponent party.
posting has been done already still there was no response.
would like to know whether we have to wait for the opponent party to appear for more years?
does the court doesn't have power to close / complete the case??
Please let me know the process and how this works.

Thanks,
Obeth S

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6 Replies

Raghav Arora 04 July 2018

Hi! Thanks for the question!

The court has the power to conclude a case in the absence of a defendant if it is ascertained that the defendant has absconded and the prospects of arresting him in near future are bleek. This is called 'trial in absentia'.The court will then just examine the witnesses and evidence produced by you and if proven guilty shall be awarded with punishment and arrest warrent shall be metted out. In your case it has already been years and you shoud file an application in the court to request disposal of the case in your favor if the evidences and documents are good to prove the same against the defendant.

Good Luck!

1 Like

Obeth Sowwndarajan 04 July 2018

Thanks, Appreciate your response. Post disposal of case, will they file any consent?

Suri.Sravan Kumar (senior) 05 July 2018

is it Motor Accidents claim or criminal case u/s 304A IPC?

Obeth Sowwndarajan 06 July 2018

Petition U/S 140,142&166 of MV Act 1988 Under particulars 9th column it has mentioned U/S.279 & 304 (A) of I.P.C

Suri.Sravan Kumar (senior) 06 July 2018

unless the summons are served on all the parties, the case will not be moved further. Pl see that summons are served to all the parties as early as possible. If the party refuses to receive the summons, the Tribunal will set him exparte and post the matter for next step.