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2013 DIGILAW 465 (MP)

Rakesh Kumar Sharma v. Radheshyam

2013-04-05

ANIL SHARMA

body2013
JUDGMENT : Heard on admission. This review petition has been filed by the petitioner against the order dated 27.11.2012 passed by Additional Motor Accident Claim Tribunal in claim Case No.61/2010 rejecting the application filed by the petitioner under Section 151 of C.P.C. for deleting his name from the list of respondent non-claimants as he was not the registered owner of the vehicle on the date of accident. The tribunal has dismissed the application on the ground that it can be decided only after the evidence that who was registered owner of the vehicle on the date of accident. The claimants have opposed the application before the tribunal on the ground that in Claim Case No.51/2010 award dated 03.12.2012 was passed against the petitioner by holding that he was registered owner of the vehicle on the date of accident. It is alleged that the claim case before the tribunal is also regarding the same accident. The Tribunal is fully justified in rejecting the application on the ground that it can be decided only after the evidence that who was the registered owner of the vehicle involved in the accident. 5. Learned counsel for the petitioner apprehends that the tribunal may be prejudiced while passing award in other claim case but the real fact is that the tribunal has to decide the question of ownership on the basis of evidence produced before it. Therefore, such apprehension seems to be baseless. 6. In view of the above, there is no question of interference by this Court under revisional jurisdiction, therefore, this petition is dismissed.