MEHTA GOODS CARRIER P Vs. DARSHAN DEVI

JUDGEMENT

(1.) THIS is a petition under Article 227 of the Constitution of India challenging the order dated 28-2-1960 passed by the Motor Accident Claims Tribunal, Punjab.

(2.) IT appears that an accident took place on 20-9-1959, in which one Hardev krishan died. On 17-11-1959 his heirs filed an application before the Tribunal for compensation. In this application, they impleaded the drivers of the two trucks, which were involved in this accident, their owners and the Insurance Company with which these trucks were insured.

(3.) IN the written statement filed by the Insurance Company, it was stated that the company had insured Messrs. Mehta Goods Carrier (Private) Limited with respect to Truck No. DLE-6936. On 24-10-1960 one Mohan Lal Bhasin filed an application on behalf of the alleged owner of this Truck No. DLE-6939 that Messrs. Mehta Goods Carrier (Private) Limited be impleaded as a party to this application for compensation. On 20-12-1960 the Tribunal ordered that since it was discovered from the written statement filed by the Insurance Company that the party insured with them regarding Truck No. DLE-6939 was Messrs. Mehta Goods carrier (Private) Limited, they should be impleaded as a party to the application. This having been done, they filed a written statement in which they raised a preliminary objection that the claim against them was time barred.