Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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MV ACT

(Querist) 18 September 2012 This query is : Resolved 
Owner of vehicle not made party,whether claim is maintainable under sec-163A of mv act
valentine thakkar (Expert) 19 September 2012
Owner is a necessary and proper party n he must be joined. You may join him by amendment
U/O VI R 17 CPC.
JANAK RAJ VATSA (Expert) 19 September 2012
the owner of the vehicle must be made a party to the claim. amend your petition
J K Agrawal (Expert) 19 September 2012
If case is under section 163 A it is maintainable against insurer only, the driver or owner are not necessary party. (But to explain this simple thing to the Courts in India may be a tough job.)
valentine thakkar (Expert) 20 September 2012
U/S 163A either insurer or owner is liable. But the court must know the name of the owner. Compensation in all cases is paid by the insurer if the policy is valid. However, the name of the owner of the vehicle must also be indicated to make the case procedurally complete.


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