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Sushil Verma   19 August 2022

Court case in Motor accident claim

hi, sir my son is one of the witnesses in a car n tempo accident since 2018. In this case, one occupant in the car died and his parents requested the court (Motor accident claims) to close the matter because they don't want any compensation. The culprit, driver of the tempo has never appeared in delhi distt court. My son is regularly getting summons after every two months or even early to appear in court. He has apeared few times but none of other witnesses or culprit appeared. Now, my son has recently started job n is on probation for 3 months. He cann't take leave during this period. Recently now he has received summons to appear before court on 22.8.2022. We want to close the case because no one is asking for any claim(FIR registered by local police themselves). Please advice what reply should we submit to court to relieve my son from the case.


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 9 Replies

Dr J C Vashista (Advocate)     20 August 2022

As per procedure prevelant in Delhi Motor Accident Claims Tribunal (MACT) the detailed accident report (DAR) submitted by investigating officer of the case/crime/ accident committed is sufficient to proceed, even if claimants may not move.

However, the claimants should move MACT to close the DAR / claim case, consequently your son will not be summoned.

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Sushil Verma   21 August 2022

thank you so much Sir for quick response. What is the procedure to follow above action you have advised.

Dr J C Vashista (Advocate)     21 August 2022

You / your son with claimant should appear before the MACT on summoned date fixed and submit  that claimant is not interested to proceed and wants to close the case. His/ her statement shall be recorded and case will be closed.

Sushil Verma   22 August 2022

Sir, my son is a claimant/informant.

Dr J C Vashista (Advocate)     22 August 2022

Earlier you have stated, inter alia, that,

"My son is regularly getting summons after every two months or even early to appear in court. He has apeared few times but none of other witnesses or culprit appeared."

Accordingly I formed my opinion and advised, wherein claimant shall never get any summons.

Now you have submitted that, "my son is claimant / informant"

Either of the statement is wrong.
 

Sushil Verma   22 August 2022

Sir, sorry, earlier I forgot to mention that my son is a complainant/informant. What is the procedure to get him permanant exemption to appear in court.

Dr J C Vashista (Advocate)     22 August 2022

It is a civil case, where claimant need not be present on each and every date to seek exemption.

However, claimant is required to appear on the date fixed for his evidence, otherwise, his lawyer shall represent and proceed.

ramesh (advocate)     23 August 2022

sir in criminal case your son has to appear once for evidence. see the name of the court on summon. most probably it's from criminal court not from mact court.

Dr J C Vashista (Advocate)     24 August 2022

Instead of making it a time pass, if it is a real story, share your file with me, otherwise it would be better to consult and engage a local lawyer 


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