Interim Order 6

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 6 MACT 942/24
SMT LAXMI AND ORS Vs. MOHD TALIM KHAN AND ORS
29.10.2025
Present: Shri Hemant Gupta, Ld. Counsel for petitioner.
Shri Nipender Singh, Ld. Counsel for driver.
None for owner.
None for insurance company.
Ld. Counsel for petitioner submits the present petition is under
section 166 M. V. Act and inadvertently in the title of the petition both
section 166 M. V. Act and section 164 M. V. Act has been mentioned.
Accordingly, the present petition is under section 166 M. V. Act.
WS filed by counsel for driver. Copy supplied.
Ld. Counsel for petitioner submits that owner has been served
through whatsapp. Copy of whatsapp chat annexed with the affidavit. It is
deemed service upon the owner.
Owner has failed to file his WS. Accordingly, his defence
stands struck off.
Pleadings are complete in the matter. On the basis of the
pleadings of the parties following issues are settled for consideration:-
1. Whether deceased Sikandar Prajapat has died
in the road traffic accident on 21.09.2024 at about
12.30 am at Near Sidhrawali, Delhi to Jaipur Service
Bridge, within the jurisdiction of PS. Bilaspur,
Gurugram, due to rashness and negligence on the part
of Mohd. Talim Khan/R1 who was driving vehicle
bearing registration no. RJ 32 GD 2835, owned by
Metharoad India Transport Pvt. Ltd. Through its
Director Sh. Alok Yadav/R2 and insured with
Oriental Insurance Company 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.
-- 1 of 2 --
-2-
No other issue arises or pressed.
There are three 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 petitioner 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 MAC Petition
Nos. 940/24, 941/24 and 942/24 are consolidated for the purpose of
recording evidence to be led by the parties and present MAC Petition No.
940/24 titled as Smt Naresh Devi & Ors. Vs. Mohd. Talim Khan & Ors. is
treated as the leading case.
Put up for PE on 11.02.2026. 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/29.10.2025
-- 2 of 2 --