Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
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11 MACT 2427/24
GEETA Vs. GAURAV AGARWAL
28.09.2024
Present:- Sh. Shekhar Aggarwal, Ld. counsel for the
petitioner.
Issue notice to the concerned SSP on PF to apprise
this Tribunal whether with respect to the FIR bearing
no.0288/2024, PS: Shalimar Garden, Distt. Trans Hindon, U.P., if
DAR (Detailed Accident Report) has been filed in accordance
with the provisions of Motor Vehicle Act and the directions in
paragraph 16 & 17 of the judgment of Hon’ble Supreme Court in
‘Jai Prakash v. United Insurance Co. Ltd., (2010) 2 SCC 607, if
not, reasons for the same may be apprised to this Tribunal.
Copy of this order and copy of FIR be annexed with
the notice.
In compliance of Rule 8 (2) (b) of Delhi MACT
Rules, 2008, on behalf of petitioner list of witnesses along with
an affidavit of evidence of petitioner Geeta filed.
It is the submission of Ld. Counsel for the petitioner
that the petitioner is unable to give the affidavit of evidence of
Tejpal and Harender who were colleagues of deceased and
husband of petitioner Geeta as those witnesses are not under the
control of petitioner.
The Tribunal deems filing of list of witnesses and
evidence by way affidavit as substantial compliance of Rule 8 (2)
(b) of Delhi MACT Rules, 2008.
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Issue notices to all the respondents on filing of PF
through all modes.
The petitioner is directed to serve the notice dasti to
respondent no.1(driver/owner) and file an affidavit regarding the
service of respondents no.1.
Put up for further proceedings on 16.01.2025.
(Vijay Kumar Jha)
PO (MACT-01)/SHD/Delhi
28.09.2024
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