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Rajesh P   26 July 2021

Notice in darkhast unserevd as party not available.

An order of High court absolved the Insurance company as being responsible from payment in an accident case involving one death for which an  order was passed by an MACT (in 2000)  –  HC order in 2008. The vehicle owner came into picture as one responsible for payment.

Darkhast filed by opposite party in 2011 . Notice remained unserved as Truck owner non traceable.

The Darkhast has been filed again 2021  or revived.

Can he file darkhast again? What if Notice remains unserved yet ?

Can the Court pass an exparte order ?



Learning

 1 Replies

Raj Kumar Makkad   30 July 2021

tHERE IS NO BAR FOR THE MACT TO PASS ITS AWARD AGAINST THE OWNER OF THE VEHICLE, IF HE IS PROCEEDED EX-PARTE BUT HIS PROPER SUMMONING IS MANDATORY BEFORE PROCEEDING FOR THE ORDER OF EX-PARTE.

 

IF HE NOT TRACEABLE THEN NOTICE THROUGH PUBLICATION IN THE NEW-PAPERCAN ALSO BE DIRECTED BY MACT. DETAILED GUIDELINES HAVE BEEN MENTIONED FOR SUMMONING OF RESPONDENTS UNDER ORDER 5 RULE 20 OF CPC, WHICH IS ALSO FOLLOWED BY TRIBUNALS.


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