Harsh Minor v. Surinder Singh

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-4366-2026 Date of Decision: 22.05.2026 HARSH MINOR AND OTHERS ....Petitioners

Versus

SURINDER SINGH AND OTHERS

...Respondents

CORAM:

HON'BLE MR. JUSTICE PARMOD GOYAL

Present:

Mr. Nikhil Mittal, Advocate for the petitioners.

PARMOD GOYAL, J. (ORAL) The present petition has been preferred under Article 227 of Constitution of India by petitioners being aggrieved by impugned order dated 01.04.2026 (Annexure P-4), passed by learned Motor Accident Claims Tribunal, Kurukshetra (hereinafter referred to as 'Tribunal') whereby application preferred by petitioners/claimants seeking to transpose claimant No.1-Pooja as proforma respondent under Order I Rule 10 read with Section 151 CPC, 1908 was dismissed, however, application preferred for impleading minor son of deceased as claimant was allowed. 2.

Admittedly, claim petition was filed by wife, minor son and parents of deceased- Anjesh Saini. Now petitioners/claimants are seeking to oust Pooja from receiving of compensation on the ground that she has left her matrimonial home and have sought her transposition as proforma respondent, however, in view of provisions of Section 166 of Motor Vehicles Act, 1988 wherein all the LRs are entitled for compensation, no CHIRANJEEV SINGH 2026.05.25 15:55 I attest to the accuracy and integrity of this document

CR-4366-2026 -2such exercise is required merely on the request of co-petitioner/claimants. The rights of parties shall be determined at the time of final disposal of claim petition by learned Tribunal and, therefore, no purpose would be served by transposing claimant No.1 as proforma respondent. 3.

Accordingly, impugned order passed by learned Tribunal cannot be held to be erroneous or perverse and same is upheld. Revision petition is without any merit, hence is dismissed. 4.

Pending application(s), if any, is/are disposed of accordingly. (PARMOD GOYAL) 22.05.2026 JUDGE chiranjeev Whether Speaking/Reasoned :

Yes/No Whether Reportable :

Yes/No CHIRANJEEV SINGH 2026.05.25 15:55 I attest to the accuracy and integrity of this document