- (1.) FACTS in brief of the present case are that the claimants/respondents (Smt. Meera Diwedi, Ashish Diwedi and Km. Aakansha Diwedi) filed a Claim Petition No.264 of 2007 under Section 166 of the Motor Vehcile Act, 1988 on the ground that on 12.03.2007 at 10:30 A.M., Rajendra Prasad who was travelling on a Maruti Van No.UP 32 AP 5319 died due to rash and negligent driving of tractor having registered no.UP 44 F -2537 at Khataura, near Jaishwal Hotel, P. S. -kamrauli, District -Sultanpur. Shri Sambhu Singh (owner of the vehicle) and New India Insurance Co. has been impleaded as respondents.
(2.) ON 28.03.2008, Insurance Co. Ltd. filed a written statement. Thereafter, an application has been (paper no.15) by the Insurance Co. with a prayer that a direction be issued to the claimants in order to implead the owner of the Maruti Van as a party, rejected/dismissed for want of prosecution by order dated 23.07.2009.
(3.) AGAIN , on 01.10.2009, revisionist moved an application with the prayer that for proper adjudication of claim and in the interest of justice the claimant be directed to make owner and insurer of the Maruti Van No.UP32 AP 5319 as a party in the claim petition so as to meet the end of justice. By order dated 05.07.2010 passed by Motor Accident Claims Tribunal rejected the same quoted herein below : - "Case Called out. Learned counsel for the petitioner and opposite party no.2 are present. 18C is application by the opposite party no.2 for issuing directions to petitioner to add owner of the Maruti Van as a party. Perused the record. It is option of the claimants from whom they claim the compensation. Claimants cannot be guided and forced for where they have to claim the compensation. 18 C application is not maintainable. Hence rejected. Put up for F.H." ;