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1994 Supreme(MP) 61

D.M.DHARMADHIKARI
Harcharan Singh – Appellant
Versus
Turza Bai – Respondent


Advocates:
B.S. Trivedi for appellant; R.P. Verma for respondent No.6.

ORDER

D.M. Dharmadhikari, J.--1. The deceased Devaji Kunbi lost his life in a truck accident on the night intervening 28th and 29th June, 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 impleaded 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 11 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 30.6.1983 rejected the application filed by the claimants for impleading, the Insurance Company and the re












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