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Sekar (Manager)     04 January 2011

EX Parte Judgment without my knowledge.

Dear All,

I am writing from Pondicherry. I was having a TVS Victor bike in 2005. The bike made a minor accident on a main road with a shop fellow (very minor but records created as big), the bike driver was a College going boy and he is my neighbour and known to me. Without my information he have taken away my bike and committed such accident. During that time I was not in station went to Native place for 10 days. Insurance renewal was pending during that accident.

After my arrival the boy committed me that they will take care of the entire legal formalities of that accident. The fellow who affected by the accident filed a FIR against me and filed a case, the boy attended all the case hearings on behalf of me (I never given any authorization to him). Then the case dissolved due to non-producing the evidence and also the boy is a student.

Again the fellow who affected the accident filed a case against me directly under Motor Vehicle Act and demanded compensation. I never known that a case filed against me and I never get any hearing information too. NOW THE AFFECTED PERSON CAME TO ME AND SHOWING A EXPARTE JUDGMENT MENTIONING COMPENSATION OF RS.5 LACS WITH INTEREST. The fellow never met me earlier, he dealt with only the boy who made this minor accident.  NOW HE IS ASKING THE MONEY MENTIONED IN THE JUDGEMENT FROM ME.

How can I deal this, could anybody please help me in this regard.  Could you please provide any case references if possible?

Best Regards,

Sekar D



Learning

 1 Replies

DISHA D. SHAH (lawyer)     31 July 2011

how case gone to ex-parte order and u dont know?

bythe way now you have to go for appeal matter "ex parte order and restart the case from beginging then you have to say that u dont given any permission to drive for all this u need to consult advocate

where r u from ? city?


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