KU. SHEETAL AWADHIYA Vs. NEELU

JUDGEMENT

(1.) This Petition under Article 227 of the Constitution of India has been filed against the order dtd. 30/8/2019 passed by Member Motor Accident Claims Tribunal, Seoni (M.P.) in MACC No.91/2019 by which an application filed by the petitioner under Order 1 Rule 10 CPC has been rejected.

(2.) The undisputed facts are that the petitioner is the real sister of deceased Pankaj Awadhiya, who died in a vehicular accident on 26/10/2018. The respondent No.1 filed a claim petition under Sec. 166 of Motor Vehicles Act, who is the widow of Late Shri Pankaj Awadhiya. In the said claim petition the petitioner filed an application under Order 1 Rule 10 CPC for her impleadment on the ground that she was also dependent upon the deceased as she is not only suffering from locomotive disability but she is also a spinster.

(3.) By the impugned order, the Claims Tribunal has rejected the application only on the ground that the claimant/respondent No.1 has refused to give consent for the impleadment of the petitioner as non-applicant and since the claimant is a dominus litis, therefore, the petitioner cannot be impleaded as nonapplicant against the wishes of the claimant.