Regarding Negligence: The defence of contributory negligence and composite negligence also needs to be verified before finalising written statement.
Claims under structured formula: Section 163 A is based on statutory structured formula wherein negligence is not to be pleaded i.e., the claim is to be contested on, income and age of the deceased.
Filing of Written Statement by Insurer: If a case is fit to contest, the written statement is a crucial document for pleading in court by the opponent. The written statement is required to be filed either by admitting or denying liability within 90 days from the date of service of summons.
Owner is not a Third Party: Where an applicant himself was driving the vehicle, and was hurt in the accident, he cannot be accepted as a third party as he is a joint tortfeasor.
Mis-joinder of necessary party: Wherever a person who is not a necessary party but has been made as a party, contention can be made in the written statement to the effect that the suit is bad for mis-joinder of necessary parties.