// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.3847/2007 Mali Devi Wd/o late Shri Shravan Lal @ Maliram Versus Additional District & Sessions Judge and Others Date of Order ::: 25.08.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Anil Kumar Sharma, Counsel for petitioner Shri Vinay Mathur, Counsel for respondents No.2 to 4 #### By the Court:- Admit. Shri Vinay Mathur, Advocate, appears for the respondents. Heard learned counsel for the parties. The petitioner has preferred this writ petition challenging the impugned order dated 9th May, 2007 passed by the Motor Accident Claims Tribunal, Sikar – Camp at Srimadhopur, rejecting her application under Order 1 Rule 10 CPC to implead her as one of the claimants in the claim petition filed on behalf of the respondents No.2 to 4 in respect of death of late Shri Phula Ram @ Phool Chand, who was son of the applicant-petitioner. Learned counsel for the petitioner submitted that the petitioner, being the mother // 2 // of deceased, was to be impleaded as party by claimant-respondents themselves but they failed to implead her as a party, therefore, she herself moved an application before the Motor Accident Claims Tribunal to implead her as a party but the learned tribunal committed an illegality in rejecting her application. Learned counsel for the claimant- respondents fairly and frankly conceded the submissions advanced on behalf of the petitioner and contended that he has no objection in case the applicant-petitioner is impleaded as one of the claimants in the claim petition and the trial court may be directed to decide the claim petition expeditiously. In view of the concession given by the learned counsel for the claimant-respondents, the writ petition is allowed. The impugned order dated 9th May, 2007 passed by the learned Tribunal is set-aside. The applicant-petitioner Mali Devi Wd/o late Shri Shravan Lal @ Maliram is allowed to be impleaded as one of the claimants in the claim petition filed by the respondents No.2 to 4. No order as to costs. (Narendra Kumar Jain) J. //Jaiman//