MANIRAM LODHI Vs. BHAGWATI LODHI

JUDGEMENT

(1.) This Civil Revision has been filed against order dtd. 22/11/2025 passed by 21st, MACT, Gwalior in MACC No. 1517/2024.

(2.) The facts necessary for disposal of the present revision, in short, are that the son of the applicants, namely, Anand Lodhi met with a vehicular accident and lost his life. The present applicants filed a claim petition separately before MACT, Karera, District, Shivpuri, whereas the widow and children of late Anand Lodhi (daughter-in-law, and grandchildren of the applicants) along with applicants, filed another claim petition before MACT, Gawalior. In a claim petition which was filed by the applicants, daughter-in-law and her children were made respondents and they were not impleaded as co-claimants. It appears that the applicants filed an application under Sec. 10 of CPC for stay of further proceedings of the claim petition filed by her daughter-in-law and grandchildren in which the applicants were also projected as co-claimants. However, the claim petition filed by the applicants before MACT, Karera, District, Shivpuri, is prior in time, but the Claims Tribunal by impugned award has rejected the application filed by the applicants under Sec. 10 of CPC and accordingly fixed the case for recording of evidence of the claimants.

(3.) Challenging the order passed by the Court below, it is fairly admitted by counsel for the applicants that for the same vehicular accident in which late Anand Lodhi lost his life, the applicants have filed a claim petition before a competent court at Karera, District Shivpur, whereas the daughter-in-law as well as the grandchildren of the applicants have filed different claim petition before MACT, Gwalior and it was fairly conceded that even the applicants were made co-applicants in a claim petition filed by her daughter-in-law as well as the grandchildren.