Mact case.

Querist : Anonymous (Querist) 30 November 2011 This query is : Resolved
Hello Esteemed Experts,

Could you help me understanding how proceeding is carried out for a MACT case.

Currently I have a MACT case pending in which I am respondent and as per the latest status Written statement has been filed by both the respondents(i.e me and the insurance company). Court have asked the petitioner to file evidences via affidavit.

What is the next step court will follow and how long it will take(in terms of number of hearing approx) to conclude the case.

Will there be any need for respondent to appear before the court in that duration? And if so how many times court will ask respondent to appear before the court?

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V R SHROFF (Expert) 30 November 2011
Petitioner will file his/her affidavit in evidence.
it will repeat the pleadings on oath.
P will file Documents listed, in Original in support of the claim
After it, you have a right to cross examine the Petitioner and witnesses if any,
This step may take 3 to 10 hearings; depend upon number of witnesses to be examined. , and what time u/ pet demand for doing so, and how many cases pending in concerned court , and on advocates. Respondent's Advocate will do the needful, If at all any evidence to lead by Respondent say 3 proceedings .

Querist : Anonymous (Querist) 30 November 2011
Thanks for prompt reply.

Is it mandatory for respondendt(R1) to have a advocate appointed. If advocate for insurance company is attending the case and the respondent(R1) is monitoring the case to track the outcome(using cause list website), is it enough?

Guest (Expert) 30 November 2011
if insurance company is also appearing for R.1 it is not necessary. If not R.1 has to appoint a advocate to contest the case. if not the insurance authorities may take 170 plea(taking all grounds & objections). better watch yourself to discharge the burden.

Raj Kumar Makkad (Expert) 30 November 2011
Lawyer for respondent no. 1 & 2 (driver and owner) and respondent no. 3 (insurance company) cannot be one and same because their interest shall always remain conflicting. The owner shall shift its liability to pay compensation towards insurance company wherein insurance company shall try to shieft it towards the owner of the offending vehicle so it is advisable to have a lawyer to save your interest and it is highly dangerous for you to get your case watched through lawyer for insurance company.

M/s. Y-not legal services (Expert) 01 December 2011
respondents appearance not necessary for in every hearings.. its enough to appear for evidence only..

your advocates representation on behalf of you enough on the remaining days

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