Brahma Bai and Others vs Dharam Singh and Others

G.C. Garg, J.—This revision petition is directed against the order of the Motor Accidents Claims Tribunal, Gurgaon dismissing the application of the claimants for impleading legal representatives of the registered owner of the alleged offending vehicle as respondent.

Facts giving rise to the present petition may be noticed thus.

An accident took place on May 30,1990 in which Om Parkash aged 25 years died. Brahma Bai widow of Om Parkash, her minor children as also his parents filed a claim petition which was registered as MACT Case No. 133 of 30.11.1990. In the original claim petition, Brahma Bai and others impleaded Dharam Singh son of Amar Singh as driver of the offending vehicle No.HYO 4614 and Pohp Singh son of Amar Singh alleging him to be owner of the said vehicle. On September 14, 1992, the claimants moved an application stating therein that Yogeshwar Singh was the owner of the offending vehicle, who has since died and his legal representatives be impleaded as respondents. It was also stated that they be so impleaded so as to enquire from them as to whom the vehicle was sold by Yogeshwar Singh. This application came up for hearing and was dismissed by order dated October 19, 1992 by observing that no stage Yogeshwar Singh was impleaded as owner and it was not alleged that he or his legal representatives were the owners of the vehicle at the time of accident. It was further observed that the application has neither been verified nor supported by affidavit.

It is against this order of the learned Tribunal, the present revision petition has been filed.

It may be noticed that in the application the claimants stated that it has come to their notice now that Yogeshwar Singh, since expired, left behind his father Chander Singh and his wife Meenu resident of Village Gangana, Tehsil Gohana, District Rohtak as his legal representatives. It was thus prayed that it was very much essential to implead the legal representatives of Yogeshwar Singh.

After hearing learned counsel for the parties, I am of the view that this petition must succeed. There is no manner of doubt that the application is not happily worded. It however, leaves no manner of doubt that Yogeshwar Singh since deceased was the registered owner of the vehicle HYO 4614 (Hero Honda). Once it is so, his legal representatives are liable to be brought on record as owners of the offending vehicle. Learned Tribunal declined this prayer of the claimants only on the ground that they were sought to be impleaded simply to seek information as to who were the subsequent purchasers of the vehicle. It is only after the legal representatives of Yogeshwar Singh are brought on record that they will make their own defence to avoid their liability to pay compensation. The application could not be dismissed in the circumstances of the case, the legal heirs of Yogeshwar Singh being necessary and proper parties as the latter was undoubtedly the registered owner of the offending vehicle. In the circumstance noticed above, this petition is allowed arid the order under revision whereby the application for impleading legal representatives of Yogeshwar Singh as respondents has been dismissed is set aside. No costs.