The High Court rules that the driver of the offending vehicle is a necessary party in motor accident claim petitions, rendering the claim defective without their inclusion.
In a significant ruling, the Madhya Pradesh High Court has set aside a compensation award originally granted by the Motor Accident Claims Tribunal, Gwalior, due to the non-impleadment of the driver of the offending vehicle. The judgment, pronounced by Justice Hirdesh, underscores the necessity of including the driver as a party in claim petitions under Section 166 of the Motor Vehicles Act, 1988.
The case, titled State of M.P. v. Smt. Premwati Jatav, revolved around a motor accident claim where the claimant, Smt. Premwati Jatav, was awarded Rs. 37,000/- as compensation for injuries sustained during a marriage procession when a police vehicle allegedly driven rashly struck her. Despite the award, the State of M.P. challenged the decision, arguing that the claim petition was defective as it did not include the driver of the vehicle as a party.
The High Court, upon reviewing the case, concurred with the appellants, emphasizing that the driver is a necessary party because the allegations of negligence are primarily against them. Justice Hirdesh highlighted that without the inclusion of the driver, determining negligence becomes impossible, thereby invalidating the claim petition. The Court noted that, despite objections raised at the trial level regarding the non-impleadment, the claimant chose to proceed, leading to the current appeal.
The decision references several precedents, including the Supreme Court's ruling in Oriental Insurance Company Ltd. v. Meena Variyal, which established the necessity of proving negligence by the driver for claims under Section 166. The High Court also addressed a previous judgment in ICICI Lombard General Insurance Company Ltd. v. Smt. Mahadevi, clarifying that while procedural forms might omit the driver, statutory provisions cannot be overridden.
Concluding the judgment, Justice Hirdesh asserted that the absence of the driver, a necessary party, rendered the original claim petition defective and not maintainable. Consequently, the High Court annulled the award granted by the Claims Tribunal, marking a significant stance on the procedural requisites in motor accident claims.
Bottom Line:
Motor Vehicles Act, 1988 - Driver of the offending vehicle is a necessary party in a claim petition under Section 166 - Non-impleadment of driver renders the claim petition defective and not maintainable.
Statutory provision(s): Motor Vehicles Act, 1988 Section 166, Section 173
State Of M.P. v. Smt. Premwati Jatav, (Madhya Pradesh)(Gwalior) : Law Finder Doc id # 2873401
