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2002 Supreme(P&H) 270

M.M.KUMAR
Manju Devi – Appellant
Versus
Gopal Copy Wale – Respondent


Advocates Appeared:
For the Petitioners:Shri Namit Sharma, Advocate.

JUDGMENT

M.M. Kumar, J. (Oral) - This is a revision petition directed against the order dated 24.1.2002 passed by the Motor Accident Claims Tribunal, Karnal dismissing the application of the claimants-petitioners filed under Order 6 Rule 17 of the Code of Civil Procedure (for brevity, "CPC) seeking amendment of the claim petition whereby the claimants-petitioners sought the incorporation to the array of parties, one Chauhan Sales Corporation, Yamuna Nagar, who was the owner and Nanak Chand, resident of Dadupur, who was driving the offending Trax/Jeep. The application was opposed by respondent No. 1 by setting up all possibilities and accepting the same, the application was dismissed. The principal reason given by the Tribunal for dismissing the application is that nothing has been mentioned in the FIR No. 359 of 19.5.1998. Therefore, it could not be claimed that the offending vehicle belongs to Chauhan Sales Corporation, Yamuna Nagar and was being driven by Nanak Chand. The second objection raised against allowing the amendment is that the claimants-petitioners are still not sure as to whether the offending vehicle owner as well as the driver were the persons who actually caused acc




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