Sangeet Lodha, J. - (1.) This writ petition is directed against Order dt. 20.04.2009 passed by the Motor Accidents Claims Tribunal, Udaipur whereby an application preferred by the petitioners under Order I Rule 10 (2) read with Section 151 CPC for deleting their names from the array of the respondents, stands rejected.
(2.) The respondent no. 4 to 8 have preferred an application under Section 166, 140 of the Motor Vehicles Act, 1988 (in short "the Act") before the tribunal inter alia against the petitioners claiming compensation on account of death of their husband/father in an accident occurred on 08.10.2005 . The vehicle i.e. Tractor No. RJ- 27/R/1887 involved in accident is registered in the name of the petitioners therefore, they have been impleaded in the claim petition as respondents-non claimants.
(3.) The petitioners preferred an application under Order I Rule 10(2) of CPC for deleting their names from the array of the respondents on the ground that as on the date of the accident they were not owner of the vehicle inasmuch as, they had said the vehicle to the respondent no. 3 herein on 23.10.2004 and the relevant forms i.e. Form Nos. 29 and 30 for the transfer of the vehicle were also handed over to the purchaser, the respondent no. 3 herein, on 05.11.2004. The petitioner submitted before the tribunal that since the sale of the vehicle by the petitioners to the respondent no. 3 herein is not in dispute therefore, no liability can be fastened upon them as the owner of the vehicle involved in the accident and they cannot be compelled to contest the claim petition. It was submitted that even after lapse of one year from the date of transfer if the purchaser has not got the vehicle registered in his name then the petitioners cannot be made to suffer on the ground that they continue to be registered owner of the vehicle.;