SAIFULLAN KHAN Vs. DOONGAR RAM

JUDGEMENT

(1.) By this petition under Art.226 of the Constitution, the petitioners are challenging the validity, legality and correctness of the order dated 21-6-2000 passed by the Motor Accident Claims Tribunal, Jaipur in claim case No.108/95.

(2.) Respondent Nos.1 and 4 are neither necessary nor proper parties to this petition and their names are deleted. So far as other respondents are concerned, Mr. Virendra Lodha put appearance. The Registry is directed to make necessary endorsement to this extent in the cause title. The matter is complete. Respondent Nos.2 and 3 have already filed their reply to the petition. On the request of the learned counsel for the parties, the matter is taken up for final hearing.

(3.) Briefly stated the facts of the case are that petitioners' uncle late Shri Mehmood Hussain Khan died due to motor cycle accident driven by the respondent. The petitioner raised a claim for Rs. ten lacs before the Motor Accident Claims Tribunal. During the course of the statements of the claimants the Presiding Officer of the Tribunal passed the impugned order. By this order he has stopped the trial of the claim petition on the ground that until the petitioners filed a succession certificate it cannot be proceeded. Hence this petition.