LEELA Vs. MANOJ KUMAR

JUDGEMENT

(1.) The present petition, under Article 227 of the Constitution of India for quashing and setting aside the impugned order dated 7.1.2019, passed by the learned Motor Accident Claims Tribunal-II, Sirmaur District Nahan, camp at Paonta Sahib, in application No.138-N/2 of 2017, case titled Smt. Leela and others vs. Manoj Kumar & others, whereby the learned Tribunal below has dismissed an application, under Order 1 Rule 10 of the Code of Civil Procedure read with order 6 Rule 17 of the Code of Civil Procedure.

(2.) The key facts, giving rise to the present petition are that the petitioners-claimants maintained a claim petition, under Section 166 of the Motor Vehicles Act, before the learned Tribunal below, alleging therein that on 28.4.2017, deceased Dinesh and respondent No.1-Manoj Kumar, were coming from Chandni to Sataun, Tehsil Paonta Sahib, District Sirmaur, in a car bearing No.HP-17B-8866 being driven by respondent No.1, in a rash and negligent manner, could not control the said vehicle, due to which, the vehicle went off the road where Dinesh Kumar sustained multiple grievous head injuries and fractured on his body and died on the spot. The accident has taken place due to the rash and negligent driving by the driver of the said vehicle. Respondent No.1 and deceased Dinesh Kumar were very close friend and had a family relation with each other. The deceased was the only bread earner in the family. The petitioners are not in a position to maintain themselves and entire future of the petitioners have become dark. As per the petitioners, during investigation, it has been revealed that the aforesaid vehicle was driven by Shri Jagat Ram. Thereafter, petitioners after going through the investigation report moved an application, under Order 1 Rule 10 read with order 6 Rule 17 of the Code of Civil Procedure, for impleadment and amendment their claim petition and to implead Jagat Ram, as respondent No.1 in place of Manoj Kumar, as respondent No.1, but the said application was dismissed by the learned Tribunal below on 7.1.2019.

(3.) Feeling aggrieved, the impugned order, dated 7.1.2019, passed by the learned Tribunal below, petitioners maintained the present petition.