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Suresh Chandar (service)     04 May 2013

Accident case

Accident cases run in two courts simultaneously . MACT and MM court.  My question is whether MM court can pass the judgement even if it is still going on in the MACT court, especially in those cases , where court finds that the driver is not at all at fault.



 7 Replies

Adv Archana Deshmukh (Practicing Advocate)     04 May 2013

Both the cases are tried differently and the standard of proof in both the cases is also different. The magistrate will conduct the trial and will evaluate the evidence before him and shall convict or acquit the driver. Whether the case in MACT is pending or concluded bears no relevance to a trial before the magistrate.

1 Like

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     05 May 2013

Agreed with the views of Ms. Archana!

1 Like

Anjuru Chandra Sekhar (Advocate )     06 May 2013

If MACT gives judgment first and awards claim to the applicant, even then it is possible that driver may be acquitted by the MM Court.  However if the MM Court convicts the driver, there is no way MACT reject the claim of the applicant.

2 Like

Suresh Chandar (service)     06 May 2013

Thanks Mr Chandrasekhar . 

I would like to ask that if MM court acquits the driver , then is it essential for the driver to be present at all the hearnings in MACT court , especially if the other party is using delaying tactics.

Anjuru Chandra Sekhar (Advocate )     07 May 2013

Without knowing the locus standi of the driver w.r.t. case it is difficult to comment. However it would be in the interest of defendent (presuming driver to be defendent) to make submissions to the MACT about the findings of the MM Court that acquitted the driver if they are relevant. MM Court acquitting the driver does not prove he is innocent.  It only means that case against him is not proved beyond reasonable doubt.  Hence there is every possibility that MACT will not consider the findings of the MM Court if they are irrelevant.  Read the judgment of MM Court carefully if there are any findings that would help strengthen your case in MACT.

Anjuru Chandra Sekhar (Advocate )     08 May 2013

If the driver has an Advocate representing him why would he come to court time and again?

Sudhir Kumar, Advocate (Advocate)     25 July 2013

in criminal case the accsued has to be present on all dates unless able top affrord cancellation of bail and willing to go to jail


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