MODEL FORMAT OF IMPLEADING PETITION
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BEFORE THE MOTOR ACCIDENTS CLAIMS
TRIBUNAL,
COURT,
PLACE
IA
NO /20 .
IN
MCOP / 20 .
Name
of the petitioner --- Petitioner / 2nd respondent.
VS
Name
of the respondent ---- Respondent/petitioner/1st & 3rd
Respondents
AFFIDAVIT FILED BY THE
PETITIONER.
I, ,s/o , religion, aged years, occupied as branch manager in insurance co ltd. --Place--
do hereby solemnly affirmed and sincerely states as follows:
1. I am the branch manager of
the petitioner / 2nd respondent insurance company and I know the
facts of the case.
2. In the above mentioned
case, actually the driver of the 1st respondent vehicle was driving
his vehicle carefully, slowly, and by observing all the rules of traffic,
keeping left, it was only the petitioner who was riding his vehicle in rash and
negligent manner, came to wrong side of the road (northern side) and hit at the
1st respondent as well as 3rd respondents vehicle and
caused the accident. FIR and charge sheet has been laid only against the
petitioner. Mere perusal of the rough sketch would go to show that the accident
had taken place in northern side of the road which is right to the direction in
which the petitioner was coming. And the perusal of the MVI report regarding 3
vehicles would go to show that the wheel of the petitioner’s vehicle alone is
damaged and there is no damage to the wheels of the other vehicles. It’s only
because it hit at the vehicle coming in front of it.
3. Since the accident had
occurred due to rash and negligent driving of the petitioner himself the 2nd
respondent is not liable to pay any amount of compensation. The petitioner is
entitled to get compensation only from the owner and insurer of the vehicle
bearing regn.no. -------- which he was riding.
4. Hence the owner and
insurer of the vehicle bearing regn.no. ---------- which the petitioner was
riding also has to be added as party to the proceedings.
5. They are necessary parties
to the proceedings and has to be added as respondents. Hence the proposed
respondents has to be impleaded as 4th and 5th
respondents to the proceedings, as per the particulars of impleading furnished
in the accompanying petition in detail. Otherwise this petitioner/2nd
respondent will be put to loss and hardship.
It is therefore just and necessary that
this hon’ble court may be graciously pleased to implead the proposed
respondents as 4th and 5th respondents to the main claim
petition as per the particulars of impleading furnished at the foot of the
accompanying petition in detail and thus render justice.
Petitioner / 2nd
respondent.
Solemnly
affirmed and signed before me on
/ /20
. at ---------
Advocate.
BEFORE THE MOTOR ACCIDENTS CLAIMS
TRIBUNAL,
COURT,
PLACE.
IA
NO /20
IN
MCOP / 20 .
Name
of the petitioner --- Petitioner / 2nd respondent.
VS
Name
of the respondent ---- Respondent/petitioner/1st & 3rd
Respondents
VS
1.
-----------
2. ----------- ---- Proposed respondents/4th & 5th
respondents.
PETITION UNDER ORDER 1
RULE 10(1) AND SEC 151 CPC.
1.Address of the petitioner / 2nd respondent:
-----------
2.Address of the Respondents/petitioner / 1st and 3rd respondents:
-------------
It is therefore just and
necessary that this hon’ble court may be graciously pleased to implead the
proposed respondents as 4th and 5th respondents to the
main claim petition as per the particulars of impleading furnished below in detail and thus render justice.
Particulars of impleading
1. ---------------.
2. ----------------.
Advocate for the petitioner
/ 2nd respondent.
Before the motor accidents
Claims tribunal, court,
place.
IA NO
/ 20
IN
Mcop /
20 .
---------------------------------
Petition under order 1
Rule 10(1) & sec 151
CPC
----------------------------------
Name of the petitioner.
Petitioner / 2nd
respondent.
By advocate
Name.,
Place.
Encls. Affidavit 1
Documents 1
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