SUDERSHAN SINGH Vs. RAVINDER UPPAL

JUDGEMENT

(1.) This petition is directed against the order dated 05.07.2010, passed by the Claims Tribunal, Tis Hazari Courts, Delhi, allowing the application filed by the respondent No.1 herein under Order VI Rule 17 read with Section 151 CPC for amendment of the petition.

(2.) The short question which arises for decision in the present petition is as to whether an application for compensation arising out of an accident of the nature specified in sub-Section (1) of Section 165 may be made by the father of the person injured without being duly authorized in writing.

(3.) The brief facts relevant for the decision of the petition are that a claim petition was filed on 12.07.2007 under Section 166 read with Section 140 of the Motor Vehicles Act, 1988 for grant of compensation against the petitioner and the respondents No.2 and 3 on the ground that on 17.03.2007, when the respondent No.1 was on his way to Karol Bagh from his residence, the offending vehicle being driven in a rash and negligent manner by the petitioner slammed into the respondent No.1 and ran over him, causing multiple injuries. The said petition was neither signed, nor verified, nor filed by the injured person, namely, Shri Ravinder Uppal, the respondent No.1. This necessitated the filing of an amendment application under Order VI Rule 17 read with Section 151 CPC. The Claims Tribunal in the impugned order noted as follows: