MODEL FORMAT OF
AFFIDAVIT AND PETITION UNDER SEC 170 OF MV ACT.
BEFORE THE MOTOR
ACCIDENTS CLAIMS TRIBUNAL,
( court)
place
I.A.
No. /
In
M.C.O.P.
No. /
Name of the
insurer ----- petitioner/
II respondent
Through its divisional manager,place.
--Vs--
Name of the petitioner ----- respondent/Petitioners
Affidavit filed
on behalf of petitioner
I, son
of aged years
,employed
as divisional
office, insurance
co. ltd.,
1. I
am
the of
The insurance
Co. Ltd., and I know the facts of the case
2. I
submit that the owner of the vehicle the bus bearing regn.no. ----- failed to co operate with the insurance company as required under the terms
and policy. Moreover he has failed to contest the case properly. It
is submitted that the petitioner insurance company has reserved their right in
the policy to contest the case on all grounds. The company was not informed
about the accident and they came to know about the occurrence only after they
received the summon from this hon’ble court. The letters addressed to the owner
also found no response. The owner of the vehicle is colliding with the
respondent/petitioners. All these facts and circumstances cumulatively establish
that the owner of the vehicle has failed to contest the claim and the
provisions of section 170 MV Act are satisfied.
3. In
any event the insurer is already a party and great prejudice will be caused to
them, if they are not permitted to contest the case on all grounds without
prejudice to their right under section 149MV Act .It is submitted that the
petitioner has already invoked the provision of sec170MV. Act in their counter
statement and only to set the record in order this petition is filed
4. It
is therefore just and necessary that this hon’ble court may be pleased to
permit the petitioner herein to contest the case on all grounds that are
available to the owner of the vehicle i.e.,without prejudice to their right to
contest in the claim under section149(2) of MV Act as provided under the
section 170 M.V. Act and to pass such further or other orders as this hon’ble
court may deem fit and proper and thus render
justice
Petitioner
Solemnly affirmed and signed before me
at on
Advocate
-----------------------------------------------------------------------------------
BEFORE THE MOTOR ACCIDNETS
CLAIMS TRIBUNAL, court,
place
IA NO /
IN
MCOP /
.
Name of the insurer ----- Petitioner / respondent
II.
--VS—
Name of the
petitioner ------ respondent / Petitioner.
PETITION U/S
170 OF M.V.ACT
For the reasons
stated in the accompanying affidavit, it is prayed that this hon’ble court may
be pleased to permit the petitioner herein to contest the case on all ground
that are available to the owner of the bus bearing regn.no. -----
Without prejudice to their right to contest the claim under section 149
(2) of M.V.act as provided under section 170 of MV act and to pass such further
other orders as this hon’ble court may deem fit and proper and render justice.
Dated at this
the day
of 20 .
Counsel for the
petitioner/2nd respondent.
------------------------------------------------------------------------------------
BEFORE THE MOTOR ACCIDENTS
CLAIMS TRIBUNAL, court,
place.
IA NO /
IN
MCOP /
.
Name of the
insurer
----- Petitioner / respondent
II.
----------------------------------------
PETITION U/S 149(2) OF
M.V.ACT AS PROVIDED
U/S 170 OF M.V.ACT.
---------------------------------------
Name of the
petitioner.
------ respondent / Petitioner.
BY
Name of the advocate,
ADVOCATE,
Place.
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