AJAY RASTOGI,J. - (1.) INSTANT petition has been filed by the petitioner against the interim order passed by MAC Tribunal dt. 01.04.2008 rejecting application filed by widow -claimant under Order 6 Rule 17 C.P.C. for impleading driver of the offending vehicle as party respondent. The claimant -widow along with her minor son jointly filed a claim petition before the learned Tribunal in regard to death of her husband in the alleged incident which took place on 17.5.2004 at Jaipur Alwar road, Police Station, Malakheda, District Alwar. At the time of filing claim petition the claimant -widow was not aware of the driver of the offending vehicle and as such at that stage he could not be impleaded as party respondent and application came to be filed Under Order 6 R. 17 CPC for impleadment of the driver at a later stage and that was rejected by the learned Tribunal vide order dt. 01.04.2008 preliminary on the premise that after four years down the line it will not be appropriate to grant permission to implead the driver of the offending vehicle as party respondent.
(2.) COUNSEL for insurance company Mr. AN Pareek submits that after statements of claimant's witnesses were recorded, at that belated stage application came to be filed and under these circumstances no error was committed by the learned Tribunal while rejecting the application filed by the petitioner -claimant under order impugned.
(3.) THIS fact cannot be ruled that the driver of the offending vehicle was to be impleaded as party respondent in the claim petition but it appears from the record that widow along with her minor son filed application with due diligence and if the driver of the offending vehicle at that time was not identified and application filed at a later stage the claimant could not be denied to comply with the requirement of law and such technicalities should not deny the right of the widow claimant. After going through the material available on record, order passed by the learned Tribunal rejecting the application filed under Order 6 R. 17 CPC vide order impugned dt. 01.04.2008 is not legally sustainable. Consequently, the writ petition succeeds and is hereby allowed. The order impugned dt. 1.4.2008 herein is hereby quashed & set aside and the learned tribunal is directed to implead driver of the offending vehicle as party respondent in the claim application and decide expeditiously in accordance with law. Parties are directed to appear before the learned tribunal on 8.10.2012.;