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Motor Accidents Claims Tribunal

(Querist) 06 September 2008 This query is : Resolved 
Injured victim filed a claim petition against the owner, driver and the insurance company of the vehicle.

On first hearing insurance company filed vakalath. driver was set exparte. Fresh summons was ordered to the owner. But steps not taken.

On subsequent hearings, since counter was not filed, insurance company was set exparte and since steps was not taken, claim against owner was dismissed.

Now matter posted for exparte evidence of the petitioner. How and from whom can the petitioner get his remedy?
Srinivas.B.S.S.T (Expert) 06 September 2008
after the evidence of the Petitioner an exparte decree will be given in his favour for the amount he claimed. All the three Respondents will be liable jointly and vicariously. YOu can file an Execution Petition against the Insurance Company for recovery of decreetal amount.

However, the insurance company will definetly file set aside petition to set aside the exparte decree.

In whatever condition the quantum of compensation granted by the court to the Petitioner will be paid by the Insurance company if there is a valid insurance policy and if the same is force at the time of accident.

if the accident falls out of the ambit of the insurance policy the award amount can be collected from the owner of the vehicle.

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