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2009 Supreme(Raj) 1250

SANGEET LODHA
Dev Kishan – Appellant
Versus
M. A. C. T. – Respondent


Advocates Appeared
R.S. Mankad, for Petitioner

Hon'ble LODHA, J.—This writ petition is directed against order dated 20.4.09 passed by the Motor Accidents Claims Tribunal, Udaipur whereby an application preferred by the petitioners under Order I Rule 10 (2) read with Section 151 CPC for deleting their names from the array of the respondents, stands rejected.

2. The respondent no. 4 to 8 have preferred an application u/s 166, 140 of the Motor Vehicles Act, 1988 (in short “the Act”) before the tribunal inter alia against the petitioners claiming compensation on account of death of their husband/father in an accident occurred on 8.10.05 . The vehicle i.e. Tractor No. RJ-27/R/1887 involved in accident is registered in the name of the petitioners therefore, they have been impleaded in the claim petition as respondents-non claimants.

3. The petitioners preferred an application under Order I Rule 10(2) of CPC for deleting their names from the array of the respondents on the ground that as on the date of the accident they were not owner of the vehicle inasmuch as, they had sold the vehicle to the respondent no. 3 herein on 23.10.04 and the relevant forms i.e. Form No.29 and 30 for the transfer of the vehicle were also handed over to the p







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