Kartar Singh vs Veerpal Kaur And Ors

The present writ petition has been filed by the petitioner with the following prayers:-

"That the impugned order dated 4.5.2018 (annex.5) by the learned Motor Accident Claims Tribunal, Hanumangarh in MAC Case No.22/2017 (titled as Veerpal Kaur and Ors. Vs. Kartar Singh and Ors.) may kindly be declared illegal and set aside with all consequential benefits and the application dated 17.3.2018 filed by the petitioner may kindly be allowed in toto. Any other relief which this Hon'ble Court deems fit and proper in the facts and circumstances of this case may kindly be passed in favour of the petitioner. Costs of this writ petition may kindly be awarded in favour of the petitioner."

The present writ petition has been filed by the petitioner challenging the order dated 4.5.2018 passed by the MACT, Hanumangarh whereby the application filed by the petitioner under Order 1 Rule 10 CPC was dismissed.

Brief facts of the case are that the claimants-respondents No.1 to 3 filed a claim petition before the MACT, Hanumangarh seeking compensation on account of death of one Naseeb Singh in a road accident on 1.11.2016. Initially, the claimants while lodging an FIR bearing No.304/2016 (Annex.1) mentioned that the accident occurred between the Motorcycle No.RJ 31 SG 1212 and RJ 31 SK 8924. Counsel further submitted that the police after investigation, filed challan against the petitioner who was driver of one tractor bearing No.PB 13 9521. Counsel further submits that the petitioner has been falsely implicated in this matter and the tractor has been involved only to take claim from the petitioner as well as the owner of the tractor. Counsel further submits that thereafter the petitioner filed an application under Order 1 Rule 10 CPC for impleading the driver, owner and insurance company of the motor cycle bearing No.RJ 31 SK 8924. The application filed by the petitioner was dismissed by the MACT, Hanumangarh vide order dated 4.5.2018. Counsel for the petitioner submits that the learned Tribunal has wrongly dismissed the application as no prejudice is caused to the claimants in impleading the driver, owner and insurance company of the motorcycle in the claim petition.

Counsel for the respondents opposed the writ petition.

Heard counsel for the parties and perused the record.

The writ petition filed by the petitioner deserves to be allowed for the reasons firstly, if the application filed by the petitioner for impeading the driver, owner and insurance company of the motorcycle no.RJ 31 SK 8924 is allowed then no prejudice would be caused to the claimants. Secondly, as per FIR (Annex.1), the vehicle No.RJ 31 SK 8924 was involved in the accident.

In that view of the matter, the writ petition filed by the petitioner is allowed. The order dated 4.5.2018 (Annex.5) is set aside. The application filed by the petitioner before the learned Tribunal dated 17.3.2018 is allowed as prayed therein.