Case Note & Summary
The appeal was filed against the rejection of a claim petition by the Motor Accident Claims Tribunal, Wardha. The claim petition was filed by the parents and elder brother of Kailash Gakhare, who died in a motor vehicular accident on 16/7/2005. The accident occurred when a truck bearing No.WB23/A1455, coming from the opposite direction, dashed against the motor cycle driven by Kailash. The claimants impleaded the owner of the truck (M/s. Lakhotia Transport Co. Pvt. Ltd.) and the insurer (New India Assurance Co. Ltd.) as respondents. The insurer contested the petition, raising the issue of non-joinder of the driver of the truck as a necessary party. The Tribunal framed an issue on this point and answered it in favor of the insurer, relying on decisions including Oriental Insurance Co. Ltd. v. Meena Variyal and others (2007 (2) T.A.C. 417 (S.C.)). The Tribunal dismissed the claim petition on the ground that the driver was not impleaded. On appeal, the High Court held that while the driver may be a proper party, he is not a necessary party for adjudication of the claim. The court noted that the insurer can contest the claim on all grounds, including negligence, even without the driver being a party. The court set aside the Tribunal's order and remanded the matter for fresh adjudication on merits, directing the Tribunal to give an opportunity to the claimants to implead the driver if they so desire. The court also directed that the claim petition be decided expeditiously.
Headnote
A) Motor Vehicles Act - Claim Petition - Necessary Party - Driver of offending vehicle is not a necessary party in a claim petition under Section 166 of the Motor Vehicles Act, 1988 - The Tribunal erred in dismissing the claim petition solely on the ground that the driver was not impleaded - Held that the driver is not a necessary party and the claim petition should not be dismissed for non-joinder (Paras 4-5).
Issue of Consideration
Whether the driver of the offending vehicle is a necessary party in a claim petition under Section 166 of the Motor Vehicles Act, 1988, and whether the claim petition can be dismissed solely on the ground of non-impleadment of the driver.
Final Decision
Appeal allowed. Impugned order dated 30/9/2011 passed by Motor Accident Claims Tribunal, Wardha is set aside. The matter is remanded back to the Tribunal for fresh adjudication on merits. The Tribunal shall give opportunity to the claimants to implead the driver if they so desire. The claim petition shall be decided expeditiously.
Law Points
- Necessary party
- Non-joinder of driver
- Motor accident claim
- Section 166 Motor Vehicles Act
- 1988
- Impleadment of driver
