AJAY RASTOGI, J. - (1.) INSTANT petition has been filed by the petitioner against the interim order passed by MAC Tribunal dated 1st April, 2008 rejecting application filed by widow -claimant under Order VI, Rule 17 of C.P. C. for impleading driver of the offending vehicle as party respondent.
(2.) THE claimant -widow alongwith 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 17th May, 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 VI, Rule 17 of CPC for impleadment of the driver at a later stage and that was rejected by the learned Tribunal vide order dated 1st April, 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.
(3.) COUNSEL for Insurance Company Mr. A.N. Pareek submits that after statements of claimant 'switnesses 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.;