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MACP Case Proceedings Summary

The document outlines a court proceeding for MACP case no 97 of 2025 involving parties Stuti Thakur and Akash Singh. Various advocates present their cases, evidence, and witness testimonies regarding an accident involving a minor driver. The session concludes with advocates preparing for final arguments after presenting their evidence and cross-examinations.

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Akash Singh
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0% found this document useful (0 votes)
22 views5 pages

MACP Case Proceedings Summary

The document outlines a court proceeding for MACP case no 97 of 2025 involving parties Stuti Thakur and Akash Singh. Various advocates present their cases, evidence, and witness testimonies regarding an accident involving a minor driver. The session concludes with advocates preparing for final arguments after presenting their evidence and cross-examinations.

Uploaded by

Akash Singh
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Pagi: shantata Rakha manniy nyayadhish courrtat pravesh karit ahet

Shivam: ask to Yadav- which matter is on todays board


Yadav: today macp case no 97 of 2025 is on board
Yadav ask to pagi call the matter
Pagi: macp case no 97 of 2025 stuti thakukr v/s akash singh
Dhanashree: is advocate and parties are present in court
Priya: Your Honour I am Priya chaudhry and my ld counsel miss jyoti Mishra are representing for
applicant stuti thakur
Rao: your honourI am nitin rao represent for opp no.2 akash singh who is guardian of minor child
rahul singh
Adarsh: your honourl I am represent for opp no 3 who is the branch officer of icici Lombard
insurance co. reeta gautam
Shivam: please start further proceeding
Priya: with due permission I am going to talk about the facts of the case -----
Dhanashree: Advocate for opp do you have any statement on it
Rao : j am going to file written statement of opp no 2
Yadav: give it to the judge
Rao: speak about the written statement
Shivam: in view of the facts of petition and rival contention of opponent adv.. following issues are
framed with consent of both member of this tribunal .Shivam read the issues------
Shivam: adv for applicant r u going to file evidence today
Priya: yes your honour this is our evidence on behalf on applicant
Yadav: place it before judge
Dhanashree: r you going to examine witness today
Page 1
Priya – Your Honour, I have filed written evidence on behalf of Shuti Thakur.
Honourable – Shuti Thakur, please step in.
(Shuti Thakur steps in)
Honourable – Shuti Thakur, have you taken oath to state your name?
Shuti – Yes, your honour.
Honourable – Age?
Shuti – 32 yrs
Honourable – Occupation?
Shuti – House wife
Honourable – Did you read the affidavit and did you sign it?
Shuti – Yes.
Ravi – Are you going to cross the road?
Shuti – Yes, I am going with my husband.
Ravi – When the accident occurred where are you?
Shuti – The accident is on the opposite side.
Ravi – What is the time?
Shuti – It is around 5:05 P.M.
Ravi – For what purpose you are going there?
Shuti – We both are going for evening walk.
Ravi – When your husband took you for a ride, he parked vehicle suddenly, come out of the
scooter, and stepped into the middle of the road.
Shuti – No, it is not true. My husband died on the foot side, not on the road side.

Page 2
He is not suddenly come in front of motor cycle.
The opponent negligently driven the motor cycle.
Ravi – Do you know that driver's is minor?
Shuti – No, not exactly. I am not clear about his age.
Ravi – I state that you are wrongly implicating my client.
Shuti – No, it is not true.
Ravi – You are producing the salary slip which is fake that your husband is getting ₹70,000/-
p.m.
Shuti – You are not produce salary certificate from the office.
Ravi – No, I can not produced.
Shuti – As per my knowledge your rider violate tuition.
Ravi – No, it is not true.

Page 3
Judge – D.W. (Defence Witness) examination over.
@Applicant – Are you going to examine further witness?
Priya – Yes, your honour. My further witness is Miss Shital Dawdi – Medical Officer.
Judge – Pls. come in. Witness box.
(Shital Dawdi enters)
Judge – Ms. Shital Dawdi, step further.
Judge – Adv. for OPP, any cross?
Adv. for OPP – Continue.
Judge – Examine the cross of Shital.
Adv. for Applicant – I am going to proceed with further evidence.
Judge – No, my evidence is closed and we are going to file evidence close pursis.
S. Judge – Adv. for OPP, today your evidence.
Raul – Yes, Your Honour. We are taking the evidence of our first witness – Dr. Kalpasingh,
who is...

(4)
Guardian of minor child also a driver.
Raoul – Ask the guardian to adduce the guardian.
S. Judge – Applicant Adv. for aff. to adduce the witnesses.
Patyal – Take the Oath of the witnesses.
Jyoti – Taken the oaths of applicant and other.
S. Judge – Your prayer for app. also withdrawn. Further, your prayer to…
Advocate – Your Honour I am offering the evidence of father, written evidence of today.
Patyal – Ready to return your step.
S. Judge – In written form.
Rekha – Father of quantum holder.
S. Judge – His said name, age, occupation.
Advocate – Only applicant is leading to cross examine.
S. Judge – Write your Honour.
Patyal – Yes your Honour.
Take the cross.

(5)
Dhanashree – Adv. for opp.
Dhanashree – Do you want to proceed further?
Raol – No, I have filed evidence. Close pursis.
Dhana – Adv. for applicant, are you going to do final argument?
Priya – Jyoti – Do final argu.
Dhana – Adv. for OPP, are you going to do final argu.
Raol & Adarsh – Do the final argu.
Dhanashree – Pronounced the Jt.

Common questions

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The procedure involves the filing and presenting of evidence, followed by its examination and contestation by both parties. Initially, Priya files the written evidence supporting the applicant’s claims . Witnesses, such as Shital Dawdi, a medical officer, are then called for cross-examination to verify or refute the claims made . The defense also submits their evidence through witnesses like Dr. Kalpasingh and contests the applicant's claims by questioning the validity of submitted documents, such as the salary slip . These steps are essential in presenting a comprehensive case and challenging the opponent’s position .

Cross-examinations can significantly impact the trial by testing the reliability and credibility of the witnesses' statements, ultimately influencing the judge’s perception. Ravi rigorously questions Shuti Thakur, attempting to discredit her assertions about the accident and the salary slip's authenticity . Such cross-examinations aim to uncover inconsistencies or admissions that weaken the applicant’s case. Similarly, the examination of medical witnesses, like Shital Dawdi, seeks to validate or refute the physical condition and actions of the involved parties. Effective cross-examinations can sway the court by either reinforcing the plausibility of one party's arguments or exposing weaknesses in them, thus significantly altering the case's outcome .

Shuti Thakur argues that her husband did not suddenly come in front of the motorcycle, as alleged, but died on the foot side without stepping into the road . She claims that the opponent drove the motorcycle negligently, leading to the accident . Additionally, she disputes the defense’s claim that she is falsely implicating their client and refutes the accusation of providing a fake salary slip .

The presence of a minor driver complicates the liability in the case as minors often have a different standard of care applied to them compared to adults. The case involves an accident where Shuti Thakur claims the opponent negligently drove the motorcycle, leading to her husband's death . However, Ravi, representing the defense, questions Shuti's awareness of the driver's age, which she admits is unclear . If the driver is indeed a minor, this could influence the court's decision on the negligence and liability aspects, possibly implicating the guardian's responsibility .

The guardian’s role is crucial, particularly in cases involving a minor driver, as they may assume legal responsibilities for the minor’s actions. Nitin Rao, representing Akash Singh, is noted as the guardian of the minor driver, which is pivotal because it implies potential legal accountability should the minor be found negligent . The guardian is responsible for ensuring the minor complies with legal standards and may be held liable for damages . This can shape the court's approach to liability and compensation issues in the case, emphasizing the guardian's obligation to supervise and regulate the minor’s activities .

The written evidence is central to the prosecution's strategy. Priya, representing Shuti Thakur, files written evidence to substantiate their claims about the accident's circumstances and the opponent's actions . This evidence includes testimony, likely intended to demonstrate negligence on the part of the opponent driver. Additionally, the applicant further examines witnesses to provide credible and supportive statements, reinforcing the written evidence presented .

Witness testimony is pivotal in shaping judicial conclusions as it provides firsthand accounts of the accident’s events and contributes to corroborating or contesting factual claims. Shuti Thakur’s testimony is critical, offering her perspective on her husband’s death and the circumstances around it, while Priya's strategy underscores using corroborating witnesses like Shital Dawdi to strengthen their narrative . The defense’s witnesses aim to refute these accounts, challenging the cause and responsibility for the incident. The judge relies on such testimony to assess credibility, determine facts, and ultimately base their legal conclusions and awards. Thus, the articulation, consistency, and support of witness testimony profoundly influence the trial’s outcome .

Utilizing expert witnesses, such as medical officers like Shital Dawdi, is a strategic move to substantiate the claims regarding physical injuries or conditions resultant from the accident . Expert testimonies provide technical insights that lay witnesses cannot, offering authoritative opinions on matters like the cause of injuries or the condition of involved parties at the time of the incident. Priya, representing the applicant, deploys Shital Dawdi to validate Shuti Thakur’s claims through medical details, which can lend substantial weight to their arguments and influence the judge’s decision by reinforcing or dispelling factual assertions presented by both conflicting parties .

The disputed salary information is significant as it impacts the compensation claims related to the accident. Ravi, for the defense, challenges the authenticity of the salary slip which claims Shuti's husband earned ₹70,000 per month, suggesting it might be fake . The reliability of this financial evidence could affect the damages awarded, as compensation often considers the deceased's earning capacity. Any fraudulent financial document can weaken the applicant's case, potentially reducing the liability of the defending parties and undermining the credibility of other submitted evidence .

The involvement of the insurance company, represented by Adarsh for ICICI Lombard Insurance, introduces aspects of financial liability and coverage into the proceedings . Insurance companies often seek to limit their payout and hence their lawyers might question the damages claims or the accident's circumstances to dispute liability. The legal strategy likely involves examining the coverage terms, contesting the compensation amount, and possibly negotiating settlements. Their presence increases the complexity as they have vested interests in minimizing financial exposure, affecting negotiations and influencing judicial considerations regarding compensation awards .

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