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1994 Supreme(MP) 57

D.M.DHARMADHIKARI
HAR CHARAN SINGH – Appellant
Versus
TURZA BAI – Respondent


Advocates Appeared:
B.S.TRIVEDI, R.P.Verma

D. M. DHARMADHIKARI, J.

( 1 ) THE deceased Devaji Kubbi lost his life in a truck accident on the night intervening 28th and 29/06/1980. He was employed on the truck as one of the labourers for loading and unloading of goods. In the claim petition filed by his dependents, the appellant was pleaded as owner of truck No. CPR 9128 which was involved in the accident. The driver of the truck was one Nago, who was also made a party (respondent No. 5) in this appeal, but he remained ex parte. The respondent No. 6 - The New India Insurance Company, with whom the truck was alleged to have been insured was not made party in the claim petition before the Tribunal. At the fag end of the trial of the case, the claimants filed an application under Order 1, Rule 10, read with Order 6, Rule 17 of the Code of Civil Procedure (in short 'the Code') for impleading the Insurance Company (respondent No. 6) and one Harbhajan Singh S/o Amrik Singh, who was registered as the owner of the truck in the office of the R. T. A. Surprisingly, the learned Member of the Claims Tribunal by order passed on 30-6-1993 rejected the application filed by the claimants for impleading the Insurance Company and the registered















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