Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 2 MACT 684/23
Avadhesh Thakur Vs. Ratish Kumar
16/01/2025
Present: Sh. Karan Talwar, Ld. Proxy Counsel for petitioner.
Sh. Kamaldeep, Ld. Counsel for R2/Insurer through VC.
It is orally submitted by Ld. Counsel for insurance company that the
insurance policy was taken after the date of accident and no insurance policy is
taken on record to suggest that the alleged offending vehicle was duly insured with
R2 at the time of accident and it is prayed that the name of the insurance company
may be deleted from the array of respondents. The copy of the proposal form and
comprehensive plan as placed on record shows that the policy start date was
12.09.2023 whereas the date of accident is prior to it i.e. 06.09.2023. No such
insurance policy is filed on record to suggest that the offending vehicle was under
cover of insurance on the date of accident. Ld. Proxy Counsel for petitioner submits
that he has no objection if R2 is deleted from the array of respondents and no
insurance document is available with the petitioner to show that vehicle was insued
with R2 on the date of accident. Hence, oral prayer made by R2 is allowed and R2 is
deleted from the array of respondents. Petitioner is directed to file amended memo
of parties positively on the next date.
Steps not taken by petitioner in terms of previous order for service of
R1. Previous order be complied with for 09.05.2025.
Ld. Counsel for insurance company has prayed for dasti copy of the
order. Allowed. On request of Ld. Counsel for petitioner, date is changed to
17.05.2025.
(Mayuri Singh)
P.O. MACT (East)/Delhi
16/01/2025
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