MACT Date of accident wrongly mentioned in claim petition

vinod bansal (Querist) 31 March 2009 This query is : Resolved
Sir,
I m representing respondent in a MACT 163-A petition,in petition date of accident is mentioned as 28-8-07 ,in fact date is 28-09-07 that is also mentioned as 28-9-07 in FIR submitted by petitioner,all medical bills & MLR is of dated 28-9-7,date is also wrongly mentioned in affidavit tendered in evidence of petitioner by petitior itself,can i avail benefit of this mistake of petitioer,this mistake is repeated five times in claim petition.Thanks

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n.k.sarin (Expert) 31 March 2009
hello, Mr. Bansal,you can avail the benefit of this mistake at the time of argument by saying that in petition and affidavit tendered in evidence date of accident shown 28-8-2007 other document like FIR medical bills etc shown other dates as 28-9-2007.which is the correct date and why.The law is well settled in this regard, when there is contradiction in document court may reject the said document.Its a case of carelessness on the part of petitioner's lawyer.There is also remedy for petitioner he can seek amendment in the petition and can also submit a new affidavit with correct date.

Jithendra.H.J (Expert) 01 April 2009
as the calim is the beneficial legislation, some juges wont consider the mistakes as the documents like FIR, etc are speaks.

K.C.Suresh (Expert) 01 April 2009
Amend the petition. When document speaks of a date that will prevail for the reason that documentory evidence will prevail over occular one.

Ashey (Expert) 01 April 2009
I agree with N.K.Sarin

M. PIRAVI PERUMAL (Expert) 01 April 2009
I agree with the views of Mr. Sarin.

Rajneesh Malhotra (Expert) 02 April 2009
Please amend the petition...
As its a benificial legislation, the amendments are likely to be allowed.

Srinivas.B.S.S.T (Expert) 02 April 2009
I agree with Suresh Sir. File an amendment petition ASAP

K.C.Suresh (Expert) 03 April 2009
Thnk you Sreeni for apprciating the answer

adv. rajeev ( rajoo ) (Expert) 03 April 2009
U can avail the benefit of the wrong date mention in the petition, but u will have corss examine the petitioner very carefully. In one case I had taken the same defence, but not yet judgement is passed.

Hiralal Das (Expert) 06 April 2009
Thanks all of you the ld. members and the author.
I think your valuable opinions will assist everybody to solve their problem/matter in question properly.