MODEL FORMAT OF COUNTER - STATEMENT IN MOTOR
ACCIDENT CASES WHEN THERE IS DOUBLE CLAIM
BEFORE THE MOTOR ACCIDENTS CLAIMS TRIBUNAL
(court)
Place.
MCOP / 20 .
Name of the petitioner ----- Petitioner.
Vs
Name of the insurer ----- 2nd respondent.
COUNTER STATEMENT FILED ON BEHALF OF THE 2ND RESPONDENT ABOVE NAMED
1.This petition filed by the petitioner under section 166of the motor
vehicles act claiming a compensation of Rs.--------/ for the death of one ---------
in the alleged accident on -------- at about --- hrs in the morning by a -----
(type of vehicle) bearing regn.no.------------- is unsustainable either in law or on facts and hence has to be
dismissed in limini.
2.The petitioners are put to strict proof that they are the only legal
heirs of the deceased.
3.For the death of said ----------, in the alleged accident, a claim
had already been filed by 3rd to 6th respondents who were the wife and children of
said ------ , as Mcop / ,before --court--, place, and a sum of Rs. ----------/ has been awarded as
compensation on ----- and a sum of Rs.-------- has been deposited by this 2nd
respondent on -----.
4.This case is barred by the doctrine of RES JUDICATA. Sec 11 of CPC
states that No court shall try any suit or issue in which the matter directly
or substantially in issue has been directly or substantially in issue in a
former suit between the same parties, or between parties under whom they or any
of them claim, litigating under the same title, in a court competent to try
such subsequent suit in which such issue has been subsequently raised, and has
been heard and finally decided by such court This respondent denies and
repudiates all such averments in the petition save such as those, which are
expressly admitted herein. Hence this petition has to be dismissed
5.This respondent puts the petitioner to strict proof of all the
allegations in the petition, specifically, those in regard to the age, health,
occupation, income, status in society, manner of accident etc.
6.This respondent’s liability is limited and subject to terms and
conditions of the contract of insurance, if any and any contravention or
violation of any or all of the conditions there in would only entitle this
respondent to avoid the said policy, thereby avoiding any claim arising there
from in toto. This respondent craves leave of this hon’ble court to file an
additional counter as and when further details are made available and also
since the petition is bereft of particulars. This respondent also reserves his
right to take defense under sec 170 of the motor vehicles act if the owner of
the vehicle bearing regn.no.------------
fails to contest the case.
7. This respondent denies the allegations in column 1 to 23 of the
petition and put the petitioners to proof of all of them. This respondent, at
the outset denies that there was an accident on --------- at about --- a.m.,
the deceased -------- was riding his cycle in ------------- main road, near --------
bridge, keeping left in East – North direction
a vehicle bearing regn.no.-------
came behind him driven by its driver in a rash and negligent manner hit
at the deceased, ------------, caused multiple injuries and he succumbed to the
injuries on the way to the hospital.
Actually the driver of the 1st
respondent vehicle was driving his vehicle carefully, slowly and by observing
all the rules of traffic. The accident occurred only due to carelessness of the
deceased. Hence this 2nd Respondent is not liable to pay any amount
of compensation.
8.This respondent state that the various claims made in column 21 is
false, unsustainable in law or on facts.
There are no realistic data for the astronomical claim made with utter
disregard of truth. The various amounts claimed are highly exaggerated and
excessive. No documents are filed to prove the same.
9.This respondent puts the petitioners to strict proof that the
deceased was aged -- yrs, occupied as ----- and there by earned Rs.--------/ pm
at the time of alleged accident that he was contributing his entire income to
the family and due to alleged accident they suffer loss of income.
10.This respondent further states that the petitioners should furnish
all the details about the insurance particulars of the accused vehicle and
unless policy details are furnished to this respondent by the petitioner it is
not possible for the insurer to produce the policy before the court. This
respondent also further states that the non-production of policies and
registers will not result in adverse circumstances against this respondent.
Therefore this respondent states that unless the policy number, policy issuing
office and the policy period are furnished by the petitioner, this respondent
is not liable to pay any compensation to the petitioner.
11.This respondent states that the present rate of interest in 6% p.a.
as per the recent directives of Reserve bank of india.
12. 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 costs.
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.
MCOP /20 .
Name of the insurer .
--- 2nd respondent.
---------------------------------
Counter statement filed
on behalf of the
2nd respondent
above
named.
---------------------------------
Name of the petitioner.
- petitioner.
By
Name.,
ADVOCATE,
Place.
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