INDIRA VINAYAK SAWANT Vs. VIJAYENDRA UMAKANT SHETYE

JUDGEMENT

(1.) This petition is directed against the order dated 25.2.2003 passed in Claim Petition No. 75 of 2001 rejecting application dated 31.10.2002 filed by the petitioner-claimant praying therein that Vasant Yeshwant Kamat, brother of the deceased be brought on record as legal representative of the deceased respondent No. 2.

(2.) It appears from the material available on record that respondent No. 2 was made party to the claim petition being owner of the vehicle, which was involved in the accident. She left for heavenly abode on 28.1.2000 much before filing of the claim petition. It is not in dispute that respondent was married and had become widow within four years of her marriage and that she died issueless.

(3.) Vasant Yeshwant Kamat is the brother of the deceased respondent No. 2. As such the said Vasant was sought to be impleaded as party defendant-respondent to the claim petition. The said application came to be rejected by the Tribunal by the impugned order holding that said brother Vasant Kamat cannot be treated as a legal representative of the deceased respondent No. 2.