BEFORE THE MOTOR
ACCIDENTS CLAIMS TRIBUNAL
(court)
Place.
Place.
MCOP / .
Name of the petitioner ----- Petitioner.
Vs
Name of the respondent ----- 2nd
respondent
COUNTER STATEMENT FILED
ON BEHALF OF THE 2ND
RESPONDENT ABOVE NAMED
1.This
petition filed by the petitioner is not maintainable either in law or on facts
and hence has to be dismissed in limine.
2.The
allegations made in column 23 para 1 that on 22/8/18 at about 7.00 AM the
petitioner was riding a bike bearing regn.no. ----- from --- to ----- , when he was reaching near kalyana mandapam
on the ------ main road, the petitioner was riding in a
normal speed from east to west, at that time a super splendor motorcycle
bearing regn.no. ------ belonging to 1st respondent insured
with the 2nd respondent suddenly entered into the main road from
south to north across the road in a rash and negligent manner without verifying
any vehicle coming from the main road, as a result of which the petitioner’s
vehicle hit at the motorcycle, fell down on the road,and he had sustained
severe multiple injuries all over the body and the motorcycle also extensively
damaged are hereby denied as false and incorrect.
Actually the driver of the 1st
respondent was driving the vehicle carefully, slowly and by observing all the
rules of traffic it was only the
petitioner who was riding his motorcycle carelessly in the middle of the
road in rash and negligent manner fell before the 1st respondent
vehicle and invited the accident for
which this 2nd respondent is not liable to pay any amount of
compensation. There is no damage caused to 1st respondent vehicle by
the accident.
3.The petitioner is put to strict proof of the
avertments made in column 3 that the petitioner was aged 55 years at the time
of accident occupied as junior assistant in ------ and thereby earning
Rs.26,000/pm with necessary documents and certificates.
He
got retired from his service.
4.The
petitioner is put to strict proof of the avertments made in column 11 with necessary documents and
certificates.
5.The
petitioner is put to strict proof of the avertments made in column 13 that immediately after the
accident the petitioner was taken to govt. hospital and after first aid, then went to --- hospital and
took treatment there from 22/8/17 to 5/9/17 and incurred expenditure of Rs.
2,00,000/-towards medicines and medical expenses with necessary documents and
certificates.
6.
There is no permanent disability caused to the petitioner and there is no loss of
earning capacity caused to him.
7.
Various amount claimed under column 21 part I and II are highly excessive
exaggerated and boosted for the purpose of the claim petition. Claiming of Rs.
10,00,000/- for the injuries sustained by him is too high.
8.The
petitioner is not entitled to claim interest at the rate of 12% per annum. He
is not entitled to claim interest more than 6% per annum.
9.
This 2nd respondent reserves their right to file additional counter
if any later on.
It is therefore prayed that this hon’ble
court may be pleased to dismiss the petition with the cost of the respondent
and thus render justice.
Advocate
for 2nd respondent. 2nd
respondent.
Verification
I,
the 2nd respondent herein do hereby declare that the above said
facts are true to the best of my knowledge and belief and I signed this
the day of at .
2nd
respondent.
------------------------------------------------------------------------------------------------------------
Before the motor accidents
Claims tribunal, Court,
place
place
.
MCOP / .
Name of the respondent
– 2nd
respondent.
------------------------------------------
Counter statement filedon behalf of
the 2nd respondent
the 2nd respondent
above named.
--------------------------------------------
Name of the petitioner.
---- petitioner.
---- petitioner.
By
Name of the advocate
ADVOCATE,
Place.
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