NEW INDIA ASSURANCE CO LTD Vs. OM PRAKASH

JUDGEMENT

(1.) COUNSEL heard.

(2.) IN a motor accident there were three deaths. The legal representatives of the deceased persons filed a joint claim petition claiming compensation. The Claims Tribunal recorded common evidence, as the issue of rashness and negligence was common, but thereafter, vide order dated 29. 9. 1987, directed the legal representatives of each of the deceased persons to file a separate claim so that the award, so far as it relates to the compensation, be passed separately.

(3.) LEARNED counsel for the insurance company submitted that the Tribunal acted illegally and without jurisdiction giving an opportunity to the claimants to file separate petitions. The joint petition is not maintainable and now the separate claim petitions have become barred by time, but because of the order of the Tribunal the same shall be treated within limitation. It was also pointed out that prior to this order the claimants, when the matter came before this court earlier, stated before the court that separate claims have already been filed, but in fact no such separate petitions were filed. Before the Claims Tribunal, counsel appealing for the claimants stated that the claim petitions were filed and were given to the Reader of the court, but the said petitions are misplaced and are not traceable. In such circumstances, the Tribunal directed the claimants to file separate petitions. It is this order which is under challenge in revision.