K.L.ISSRANI
MOHD. SABIR – Appellant
Versus
SAHAJIBAI W/o SUKAJI – Respondent
( 1 ) THE present revision petition is filed against the order dated 26-4-1991, passed by the Motor Accident Claims Tribunal, Balaghat, in Claim Case No. 14/89, by which the original owner of the Luna Moped involved in the accident has been ordered to be implicated.
( 2 ) IN this case, the non-applicants are absent in spite of service and S. P. C. issued to them.
( 3 ) THE submission of the learned counsel for the applicant is that the accident took place on 1-2-1989. The claim petition was filed on 21-7-1989. The written statement was filed by the National Insurance Company Ltd. Malajkhand (the original non-applicant No. 2 in the claim case) on 3-11-1989, in which it was stated that Abdul Aziz (the original non-applicant No. 1) was not the owner of the vehicle. Argument in this case were heard on 15-1-1991 but the application under O. 6, R. 17 read with O. 1, R. 10, C. P. C. was filed only on 22-1-1991, that is beyond the period prescribed under S. 110a of the Motor Vehicles Act, which prescribes a period of six months for filing such an application from the date of occurrence. Therefore, the submission of the learned counsel for the applicant is that the claiman
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