RAMAWATI Vs. MOTOR ACCIDENT CLAIM TRIBUNAL

JUDGEMENT

(1.) The petitioner filed M.A.C.P. No.578 of 2011 before Motor Accident Claims Tribunal/ District Judge, Bareilly under Section 163(A) read with Section 140 Motor Vehicles Act claiming compensation and damages on account of death of her son Deepak Kumar in motor accident i.e. with collision of Mahindra Max Jeep No. U.P. 25AT/3202 on 6.5.2011. It is said that first information report of the said accident was lodged under Sections 279/338/304A, I.P.C, registered as Case Crime No.1236 of 2011 dated 15.5.2011 at P.S. Cantt. Bareilly.

(2.) The aforesaid claim petition was filed by impleading Chola Mandalum M.S.General Insurance Co. Ltd. and Sri Laturi Singh. The Claim Petition has thumb impression of the petitioner. Every page of this claim petition, which is on record as Annexure 3 to the counter affidavit of respondent no.4 contains signature and seal of Sri R.M.Singh, Advocate, respondent no.4 besides the thumb impression of claimant-petitioner. There is a printed Vakalatnama filed along with the said application, photocopy whereof has been placed on record as Annexure 3 to the writ petition, which is in the name of R.M.Singh, Advocate in printed proforma but the name of Sri D.K.Saxena has been mentioned by pen. The Vakalatnama contains signatures (thumb impression) of executant namely namely the petitioner and Sri R.M.Singh, Advocate as well as D.K.Saxena, Advocate. Under the signature of Sri R.M.Singh, a seal is also affixed giving his address, phone number etc.

(3.) The claim petition was presented on 15.7.2011 in the Court of District Judge, Bareilly by petitioner in person duly identified by Sri R.M.Singh, Advocate. The District Judge directed to register the application and sought report of the Munsarim. The order sheet dated 15.7.2011 (at page 26 of Counter Afficait of respondent No.4) contains signature of Sri R.M. Singh, Advocate along with his seal. It is, however, not disputed before this Court that on certain dates before the Tribunal Sri D.K.Saxena, Advocate appeared on behalf of the petitioner-claimant and also signed order sheet of the Tribunal.