Interim Order 10

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: -1-
4 MACT 43/23
AJAY RAJ SINGH Vs. NAVED KHAN AND ANR
10.02.2025
Present:- Sh. Kumar Shivam, Ld. counsel for the petitioner.
Sh. Nitin Goel, Ld. counsel for respondent/insurance
co. through V/C.
At the request of Ld. counsel for
respondent/insurance co., matter is passed over till 11.00 a.m.
(Vijay Kumar Jha)
PO (MACT-01)/SHD/Delhi
10.02.2025
At 11.15 a.m.
Present:- Sh. Kumar Shivam, Ld. counsel for the petitioner.
Sh. Nitin Goel, Ld. counsel for respondent/insurance
co.
On behalf of petitioner an application U/O 6 Rule 17
r/w Section 151 CPC with another application U/O 1 Rule 10 r/w
Section 151 CPC along with certain documents has been moved.
Amended claim petition has been also filed on behalf of
petitioner.
Initially the claim petition was filed U/S 166 of
Motor Vehicle Act by the petitioner under the impression that the
driver and owner of the offending vehicle was one and the same
person. However, after filing of charge-sheet, the petitioner came
to know that driver and owner of the offending vehicle were two
different persons. The driver was Sh. Tohseef S/o Fahimuddin,
whom the petitioner wishes to implead as respondent no.3 for
-- 1 of 2 --
-2-
which the application U/O 1 Rule 10 CPC was moved with
application U/O 6 Rule 17 CPC. The petitioner is also praying to
amend the para with respect to consequential relief.
In a road traffic accident the primary responsibility
is of the driver, without whom the claim petition is not
maintainable. Therefore, the Tribunal finds the amendment as
necessary for the adjudication of the present claim petition.
Accordingly, both the applications U/O 6 Rule 17 r/w Section
151 CPC and U/O 1 Rule 10 r/w Section 151 CPC are allowed.
Driver, namely Sh. Tohseef S/o Fahimuddin is impleaded as
respondent no.3. Amended claim petition is taken on record.
Let the copy of amended claim petition be supplied
to the respondents, who have already been served.
Issue notice of claim petition to respondent
no.3/driver on filing of PF through all modes, dasti as well.
Put up for further proceedings on 27.05.2025.
(Vijay Kumar Jha)
PO (MACT-01)/SHD/Delhi
10.02.2025
-- 2 of 2 --