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2025 DAILYLAW 141306 (PNJ)

MADAN GOPAL v. PARMINDER KAUR AND ORS

CR/2785/2022 · 2025-12-08

Vikram Aggarwal

body2025

Judgment text

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270 IN THE HIGH COURT OF PUNJAB AND HARYANA MADAN GOPAL PARMINDER KAUR AND ORS CORAM: HON'BLE MR. JUSTICE Present:- VIKRAM AGGARWAL 1. Constitution of India passed by the Motor Accident Claims Tribunal, Bathinda ‘the MACT’), petitioner (respondent No.2 in the claim petition) for impleading T.R. Sawhney Motor Pvt. Ltd. and Yogesh Garg as parties to the claim petition was dismissed bearing registration No.DL vehicle’ in the claim petition) was exchanged with T.R. Sawhney Motor Pvt. Ltd. sold the offending vehicle to one Yogesh Garg and, therefore, a prayer IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-2785-2022 Date of Decision: MADAN GOPAL Versus PARMINDER KAUR AND ORS CORAM: HON'BLE MR. JUSTICE VIKRAM AGGARWAL Mr. Amit Kumar Walia, Advocate for the petitioner. Mr. Deepak Gupta, Advocate for respondents No.1 to 3. Ms. Mona Goyal, Advocate for respondent No.4 (through V.C.). VIKRAM AGGARWAL, J.(Oral) The instant petition, preferred under Article 227 of the Constitution of India, assails order dated 01.07.2022 (Annexure P passed by the Motor Accident Claims Tribunal, Bathinda ‘the MACT’), vide which the application moved by the pre petitioner (respondent No.2 in the claim petition) for impleading T.R. Sawhney Motor Pvt. Ltd. and Yogesh Garg as parties to the claim was dismissed. It was averred in the application that the car bearing registration No.DL-8CX-4348 (referred in the claim petition) was exchanged with T.R. Sawhney Motor Pvt. Ltd. on 27.06.2019. Further T.R. Sawhney Motor Pvt. Ltd. sold the offending vehicle to one Yogesh Garg and, therefore, a prayer IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 2022 (O&M) Date of Decision: 08.12.2025 …Petitioner …Respondents VIKRAM AGGARWAL Mr. Amit Kumar Walia, Advocate for respondent No.4 (through V.C.). petition, preferred under Article 227 of the order dated 01.07.2022 (Annexure P-1), passed by the Motor Accident Claims Tribunal, Bathinda (for short vide which the application moved by the present petitioner (respondent No.2 in the claim petition) for impleading T.R. Sawhney Motor Pvt. Ltd. and Yogesh Garg as parties to the claim . It was averred in the application that the car 4348 (referred to as ‘the offending in the claim petition) was exchanged with T.R. Sawhney on 27.06.2019. Further T.R. Sawhney Motor Pvt. Ltd. sold the offending vehicle to one Yogesh Garg and, therefore, a prayer HIMANSHU 2025.12.10 17:48 I attest to the accuracy and integrity of this document CR-2785-2022 (O&M) -2- was made to implead both T.R. Sawhney Motor Pvt. Ltd. and Yogesh Garg as parties to the claim petition. 2. The application, having been opposed by learned counsel for the claimant, was dismissed by the MACT vide order 01.07.2022. 3. At the outset, learned counsel representing respondents No.1 to 3/claimants submits that he would have no objection if the said application is allowed to the effect that along with the present petitioner, M/s T.R. Sawhney Motor Pvt. Ltd. and Yogesh Garg are also arrayed as parties to the claim petition. 4. I have considered the submissions made by learned counsel for the parties and have also perused the paper book. 5. Keeping in view the averments made in the paper book, the application filed before the Tribunal and the submissions made by learned counsel for the parties, the present revision petition is allowed. The impugned order dated 01.07.2022 is set aside and the application (Annexure P-10) for impleading M/s T.R. Sawhney Motor Pvt. Ltd. and Yogesh Garg as parties, is allowed and they are ordered to be arrayed as parties in addition to the present petitioner. 6. Amended memo of parties be filed before the MACT and thereafter the MACT shall proceed in accordance with law. (VIKRAM AGGARWAL) JUDGE 08.12.2025 himanshu Whether reasoned/speaking: Yes/No Whether reportable: Yes/No HIMANSHU 2025.12.10 17:48 I attest to the accuracy and integrity of this document