MOHAMMAD SABIR Vs. SAHAJIBAI

JUDGEMENT

(1.) The present revision petition is filed against the order dated 26-4-1991, passed by the Motor Accident Claims Tribunal, Balaghat, in Claim Case No. 14/89, by which the original owner of the Luna Moped involved in the accident has been ordered to be implicated.

(2.) In this case, the non-applicants are absent in spite of service and S.P.C. issued to them.

(3.) The submission of the learned counsel for the applicant is that the accident took place on 1-2-1989. The claim petition was filed on 21-7-1989. The written statement was filed by the National Insurance Company Ltd. Malajkhand (the original non-applicant No. 2 in the claim case) on 3-11-1989, in which it was stated that Abdul Aziz (the original non-applicant No. 1) was not the owner of the vehicle. Argument in this case were heard on 15-1-1991 but the application under O. 6, R. 17 read with O. 1, R. 10, C.P.C. was filed only on 22-1-1991, that is beyond the period prescribed under S. 110A of the Motor Vehicles Act, which prescribes a period of six months for filing such an application from the date of occurrence. Therefore, the submission of the learned counsel for the applicant is that the claimant were negligent in bringing the applicant on record beyond the period of limitation. According to the applicant, the principles laid down in Basappa v. Srinivas Reddy, AIR 1982 Kant 30, and which have been relied on by the lower Court are not applicable to the facts of the present case.