Punjab-Haryana High Court
Gurmeet Kaur And Others vs Malkiat Singh And Others on 7 August, 2009
Author: Kanwaljit Singh Ahluwalia
Bench: Kanwaljit Singh Ahluwalia
Civil Revision No. 6459 of 1999 1
In the High Court of Punjab and Haryana, at Chandigarh.
Civil Revision No. 6459 of 1999
Date of Decision: 7.8.2009
Gurmeet Kaur and Others
...Petitioners
Versus
Malkiat Singh and Others
...Respondents
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.
Present: Mr. Naveen Daryal, Advocate
for the petitioners.
Kanwaljit Singh Ahluwalia, J. (Oral)
Karti Devi widow of Panjaba Ram had filed a claim petition in the Motor Accident Claims Tribunal, Karnal. During the pendency of petition, Karti Devi expired. Her legal representatives had filed an application for being impleaded as legal representatives. The application was dismissed on the ground that the same has been filed after 90 days.
I have heard counsel for the petitioners. Counsel for the petitioners submits that 90 days are to be construed from the date of knowledge. Counsel further states that sufficient material was placed before the Tribunal from which it could be inferred that the application was filed within time from the date of knowledge.
Civil Revision No. 6459 of 1999 2
This Court is of the view that opportunity could not be denied to the petitioners, who are legal representatives of Karti Devi and Panjaba Ram. Therefore, the present petition is accepted. Impugned order dated 27.7.1998 is set aside. The parties are directed to appear before the Tribunal on 26.8.2009. Subject to just exceptions, petitioners being legal representative of Karti Devi, shall stand impleaded to the claim petition.
(Kanwaljit Singh Ahluwalia) Judge August 7, 2009 "DK"