1. By way of this application, the applicants have prayed to join United India Insurance Co. Ltd., as party respondent in the proceedings of First Appeal No. 5180 of 1006 and/or in the proceedings of cross objections.
2. The learned counsel for the applicant submitted that it is a right of the applicant to join Insurance Company as party being the continuous proceedings in the cognate matter being claim petition no. 572/1998. He submitted that through inadvertence on the part of the learned advocate appearing before the Tribunal, the Insurance Company is not joined as party and therefore, on account of mistake on the part of lawyer, the claimants should not suffer. He therefore, submitted that the application be allowed and the Insurance Company be joined as party to the proceedings.
3. The learned counsel for the respondent Corporation submitted that the no prejudice will be caused to the S.T. if the notice is issued.
4. Heard learned counsel for the respective parties. From the record it appears that there is a gross delay in filing the application inasmuch as the claim petition is of the year 1998 and the application for joining the Insurance Company as party is filed only in the year 2007 and therefore, it will not be proper to issue notice to the Insurance Company for the accident which has occurred prior to filing of the claim petition. Further, the applicant has not joined the Insurance Company as party even in the present application. Thus, on this ground alone, the application deserves to be rejected and the same is hereby rejected. Apart from that even if it is a continuous proceedings,
5. In view of the above, the application stands rejected. Cross objections to be heard along with First Appeal No. 5180 of 2006.
[K.S.
JHAVERI, J.] /phalguni/ Top