RUBY GENERAL INSURANCE CO LTD Vs. MISRI DEVI

JUDGEMENT

(1.) THIS is a petition under Article 227 of the Constitution of India challenging the order of the Motor Accidents Claims Tribunal, Punjab, (hereinafter called the Tribunal) constituted under the Motor Vehicles Act, 1939 (hereinafter called the Act ).

(2.) IT appears that on 26-4-1958 one Amir Singh was knocked down by a truck, received fatal injuries and died at the spot. This truck was owned by one Madan Gopal Mahajan, resident of Jullundur and it was insured with the petitioning Company, Ruby General Insurance Company Limited, Delhi (hereinafter called the Company) Smt. Misri Devi, widow of Amir Singh deceased, sent an application by post on 11-4-1959 to the Chairman of the Tribunal at Chandigarh, claiming Rs. 30,000/- as compensation. This application was received by the Tribunal on 14-4-1959. In the heading of this application, only the name of the Company was mentioned as a respondent not in column 8 of the same, the name of the owner as well as the Company was mentioned. No notice, however, was given to the owner of the vehicle by the Tribunal, though the same was issued to the Company.

(3.) A written statement was filed on behalf of the Company, raising a number of please, which led to the framing of the following three preliminary issues1. Whether this Tribunal has no jurisdiction to try the application? 2. Is the claim within time? 3. Whether petition is maintainable as filed?