Beruflich Dokumente
Kultur Dokumente
M.V.O.P.No.134/2018
VS
Kommu Siluva Raju & 2 others .…. Respondents
1) The respondent No.3 Cholamandalam MS GIC Ltd submits the following written
statement :-
2) That all the allegations made in the claim petition are neither true nor correct
and hence the same are denied in to.
3) That all the allegations made in the claim petition which are expressly admitted
herein and also traversed to have been denied by this respondent Insurance company
and such of those allegations are put to strict proof of the same by the petitioner alone.
5) It is submitted that the petitioner is put to strict proof that the petitioner was
working in Jalasiri Water management as a technician in Addanki, Ballikurava and
Santhamaguluru mandal, used to earn a sum of Rs.15,000/- per month and
contributing the same to the family for its maintenance etc., with documentary proof.
6) The petitioner is put to strict proof that he admitted in KIMS Hospital, Ongole for
better treatment and he had undergone surgery for left humeurs shaft fracture, due to
which the left humeurs shaft was completely paralyzed and due to the said injury the
petitioner was unable to discharge his duties as technician with documentary proof.
8) It is submitted that as per the policy with terms and conditions, the driver of the
auto (R1) must possess valid and effective driving license to drive the auto as on the
date of accident.
9) It is submitted that there is no valid insurance policy to the said auto bearing
no.AP-07-TF-5602 as on the date of accident.
10) It is submitted that there is no valid registration, permit and fitness certificate to
the crime vehicle i.e., auto bearing no.AP-07-TF-5602 as on the date of accident.
11) It is submitted that there is no valid and effective driving license to the driver
(R1) to drive the crime vehicle i.e., auto bearing no.AP-07-TF-5602 as on the date of
accident.
12) It is submitted that the petitioner did not possess valid and effective D.L to drive
the motorcycle as on the date of accident.
13) It is submitted that there is no valid registration and valid insurance policy to the
motorcycle bearing no.AP-27-AU-3322 as on the date of accident.
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14) It is submitted that the owner of the motorcycle and its insurance company if
any are necessary parties in the claim application for non joinder of necessary parties
the claim application is not maintainable.
15) It is submitted that the matter of the accident is not reported by the insured in
collusion with the petitioner with a view to cause loss to this respondent insurance
Company and as such this respondent insurance company is not liable to pay any
compensation to the petitioner. However, the petitioner is put to strict proof of the
same.
17) It is submitted that this respondent insurance company submits that if this
Hon’ble Court comes to a conclusion that the petitioner is entitled any amount of
compensation against this respondent insurance company, the interest should be
restricted at 6% p.a., as per the decision of Supreme Court.
18) It is submitted that this respondent insurance company may be permitted to file
supplementary or additional written statement or amended written statement if found
necessary at a later stage.
19) It is submitted that this respondent insurance company seeks protection U/s. 149
and 170 of M.V. Act.
For the reasons stated above the grounds to be urged at the time of hearing,
this respondent insurance company prays that the Hon’ble Court may be pleased to
dismiss the claim petition with costs of this respondent insurance company/R3.
Be pleased to consider
It is hereby declared that whatever stated above is true and correct to the best of
my Knowledge, belief and information.
Station : ONGOLE
Date : -10-2018 3RD RESPONDENT
E.R.S.R
M.V.O.P.No.134/2018
FILED BY :
E.RAJASEKHAR REDDY,
Advocate, Ongole.