BRAHMA BAI Vs. DHARAM SINGH

JUDGEMENT

(1.) THIS revision petition is directed against the order of the Motor Accidents Claims Tribunal, Gurgaon dismissing the application of the claimants for impleading legal representatives of the registered owner of the alleged offending vehicle as respondent.

(2.) FACTS giving rise to the present petition may be noticed thus.

(3.) AN accident took place on May 30,1990 in which Om Parkash aged 25 years died. Brahma Bai widow of Om Parkash, her minor children as also his parents filed a claim petition which was registered as MACT Case No. 133 of 30. 11. 1990. In the original claim petition, Brahma Bai and others impleaded Dharam Singh son of Amar Singh as driver of the offending vehicle No. HYO 4614 and Pohp Singh son of Amar Singh alleging him to be owner of the said vehicle. On September 14, 1992, the claimants moved an application stating therein that Yogeshwar Singh was the owner of the offending vehicle, who has since died and his legal representatives be impleaded as respondents. It was also stated that they be so impleaded so as to enquire from them as to whom the vehicle was sold by Yogeshwar Singh. This application came up for hearing and was dismissed by order dated October 19, 1992 by observing that no stage Yogeshwar Singh was impleaded as owner and it was not alleged that he or his legal representatives were the owners of the vehicle at the time of accident. It was further observed that the application has neither been verified nor supported by affidavit.