GURCHARAN SINGH Vs. JOGINDER SINGH

JUDGEMENT

(1.) The challenge in the present revision petition is to the order passed by the learned Motor Accidents Claims Tribunal, Karnal (for short 'the Tribunal') on 1.3.2003, whereby an application filed by the petitioners to implead the insurance company of the offending vehicle, as respondent, was declined.

(2.) The respondent Nos. 4 and 5 herein sought compensation in the petition under section 166 of Motor Vehicles Act, 1988 (for short 'the 1988 Act') on the ground that on 16.12.1995, their son Mannu alias Rachit had died in a road accident. In the said petition, the insurance company was not impleaded as a party but an award was passed by learned Tribunal on 11.11.1999, awarding a compensation of Rs. 62,000 along with interest at the rate of 12 per cent per annum.

(3.) In the present petition, at the request of the petitioners, New India Assurance Co. Ltd., was impleaded as respondent No. 6 on 10.1.2005, since it was the case of the petitioners that the offending vehicle was insured with the said insurance company. Thereafter, learned counsel for the insurance company has sought time to verify the factual position as to whether offending vehicle was insured with the insurance company.