Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: MACT 293/24 (leading case)
Kanishka & Anr (LRs of Namit Rathi) Vs. Yogesh Chand Joshi
05.10.2024
Present: Shri S. K. Tyagi, Ld. Counsel for petitioners.
None for driver and owner.
Ms. Neeru Garg, Ld. Counsel for insurance company through
VC.
WS not filed on behalf of driver and owner. Accordingly, their
defence stands struck off.
WS of insurance company is already on record.
Pleadings are complete in the matter. On the basis of the
pleadings of the parties following issues are settled for consideration:-
1. Whether deceased Namit Rathi has died in the
road traffic accident on 11.09.2023 at about 4.00 to
4.30 am approx. Near Budhana, District Muzaffar
Nagar, UP , within the jurisdiction of PS. Budhana,
District Muzaffar Nagar UP, due to rashness and
negligence on the part of Sh. Yogesh Chand Joshi/R1
who was driving vehicle bearing registration no. DL-
8CAD 1937 owned by Rakesh Jain and insured with
The New India Assurance Co. Ltd./R3?OPP.
2. Whether the petitioners are entitled to
compensation if so, to what extent and from which of
the respondents? OPP.
3. Relief.
No other issue arises or pressed.
There are six connected claim petitions arising out of
the same Motor Vehicular Accident.
It is jointly submitted on behalf of the parties that
since there are common witnesses to be examined on behalf
of respondents in all the claim petitions, same may be
consolidated for the purpose of recording of evidence by
the parties. Accordingly, all the claim petitions bearing
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MAC Petition Nos. 290/24, 291/24, 292/24, 293/24, 294/24
and 295/24 are consolidated for the purpose of recording
evidence to be led by the parties and present MAC Petition
No. 293/24 titled as Kanishka & Anr. (LRS of Namit Rathi)
Vs. Yogesh Chand Joshi & Ors. is treated as the leading
case.
Put up for PE on 07.02.2025. List of witnesses, if any be filed
by both the parties within 2 weeks. Evidence by way of affidavit on behalf of
petitioner be filed within 4 weeks after supplying the advance copy to the
respondents through counsel against receipt.
(Richa Manchanda)
Judge MACT-2 (North)
Rohini Courts, Delhi/05.10.2024
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