TAHKAN DAS KHUSHLANI Vs. ABHAGWAT PRASAD & OTHERS

JUDGEMENT

(1.) Original claimant - Tahkan Das Khushlani suffered injuries arising out of the use of motor vehicle that led to filing of claim petition being C.T. No. 113/2010 against respondents herein claiming compensation for the injuries suffered by him. During pendency of the claim petition, original claimant - Tahkan Das Khushlani died on 31.03.2012. The petitioner herein namely Santosh Khushlani, son of original claimant- Tahkan Das Khushlani filed an application under Order 22, Rule 3 of the Code of Civil Procedure for substitution along with application for condonation of delay in filing the same on 10.07.2012.

(2.) The Claims Tribunal, by its order dated 17.01.2013, has rejected the substitution application on the ground that no sufficient cause has been shown in filing the application for substitution of legal heir of original claimant and the claim petition for compensation was dismissed as abated.

(3.) Feeling aggrieved and dissatisfied with the order of Claims Tribunal, instant writ petition under Art. 227 of the Constitution of India has been filed.