Two years back when I was travelling in the car and a pedestrian came on the road. She got injured and i have taken to the hospital. She has filed a mvc case and i have paid the fine to the court also.The court proceeding were happening between the petitioner and the insurance company. Now court has sent me a notice (summons or witness of suit (0.16 rr. 1,5)) to attend as witness. In the notice they have mentioned to produce the DL and lead witness. I want to know what this means and how it will result in Judgement. Who will be paying the compensation (me or insurance company) ?
1. if you have been summoned as witness then there is nothing to worry as this means that you are not arrayed as accused person in this case.
2. So on the date mentioned in the summons attend the court and give your testimony.
3 Do not skip attending on the scheduled date as this may lead the court to issue warrant of arrest against you if the court finds you absent on that date.
you have to present in court a list of witnesses whom they propose to call either to give evidence or to produce documents and obtain summonses to such persons for their attendance in court.
(2) A party desirous of obtaining an summons for the attendance of any person shall file in court an application stating therein the purpose for which the witness is proposed to be summoned.
(3) The court may, for reasons to be recorded, permit a party to call, whether by summoning through court or otherwise, any witness, other than those whose names appear in the list referred to in sub-rule (1), if such party shows sufficient cause for the omission to mention the name of such witness in the said list.
4) you must be having third party insurance
5) insurance company would pay compensation
Dear Client,
This is casual case of Motor Accident Compensation claim. Court has summon u record your evidence ( statement and cross examination), u must be represented by some advocate in case ? If not than hire advocate.
Actual liability in case of accident lie with insurance company, If no violation of Insurance terms ( License etc).
U have to carry original license to show the judge.
Driver is first respondent and than insurance company.
You are summoned in court as a witness as in case of motor claim the driver is first party and insurance second so you have to give your evidence and also produce your original licence before judge.
This is to ascertain the facts and and see you were driving under valid license.
If your vehicle was 3 party insured the claim shall be paid by company.
Hello,
It is the insurance company who will pay the amount . You will be the witness here , so there is nothing to worry .
Hope this helps.
Generally the claim petition under the motor vehicle act is initiated on the basis of Investigation report of the police. In your case the investigating officer would have submitted the report therefore Court cannot compel you to produce any further evidence. The court is bound to decide the case on the basis of evidence produced by the both parties. If your vehicle was insured at the time of accident then it is responsibility of the insurance company to produce all the evidence which was collected by the investigating officer. Court will record your statement about the accident and cannot bound you to produce any documentary evidence.
I think a copy of the driving licence is already submitted by the investigating officer because the investigating officer is bound to collect copy of driving licences in the course of investigation. you can produce original DL for the satisfaction of the court. Not necessary to produce any lead witness because according to Section 173 of the code of criminal procedure list of witnesses is produced by the investigating officer along with the charge sheet.
Hi, Compensation will be paid by the Insurance company and it is your duty to appear before the Court and give evidence and you must also produce the DL before the Court and court will returned back to you.
If you have not been negligent then you need not pay compensation and insurance company will pay the same. Appoint a lawyer and attend the Court.
DL means driving licence.
The court has summoned you to depose evidence as a witness to the current MACT case and has directed you to produce your valid driving licence in order to pass an award against insurance company for this claim.
Dear Sir,
It seems not a compensation case. It may be criminal case in which your evidence is necessary. It is formal. You need not worry it is not connected with compensation case. Call me for more suggestions. If you have DL then take it to the Court ortherwise there is no issue.
Hello,
You have been called as a witness and therefore you will not have to pay the compensation.
the same will be paid by the insurance company.
At this stage appear before the court on the said dated.
Order 16 Rule 1 reads as follow:
1. List of witnesses and summons to witnesses.- (1) On or before such date as the court may appoint, and not later than fifteen days after the date on which the issues are settled, the parties shall present in court a list of witnesses whom they propose to call either to give evidence or to produce documents and obtain summonses to such persons for their attendance in court.
(2) A party desirous of obtaining an summons for the attendance of any person shall file in court an application stating therein the purpose for which the witness is proposed to be summoned.
(3) The court may, for reasons to be recorded, permit a party to call, whether by summoning through court or otherwise, any witness, other than those whose names appear in the list referred to in sub-rule (1), if such party shows sufficient cause for the omission to mention the name of such witness in the said list.
(4) Subject to the provisions of sub-rule (2), summonses referred to in this rule may be obtained by the parties on an application to the court or to such officer as may be appointed by the court in this behalf within five days of presenting the list of witnesses under sub-rule (1).
regards
