SANKARA PILLAI Vs. BAIJU

JUDGEMENT

(1.) Award dated 11.02.2010 in O.P.(MV)No.1289 of 2005 on the file of the Motor Accidents Claims Tribunal, Kottayam is under challenge in this appeal as opted by the original petitioner before the Tribunal. Respondents 1 to 3 before the Tribunal, driver, RC owner and insurer of the vehicle are respondents 1 to 3 herein. The fourth respondent arrayed in the original petition is Saith T.K. The vital question emerges for a consideration in this appeal is as to whether a Court or a Tribunal can dismiss a suit or a petition after finding non-joinder of necessary party/parties without giving opportunity to the plaintiff or the petitioner to implead necessary party/parties?

(2.) At the time of filing this appeal, impleading application was filed to implead additional fifth respondent Salim T.K. as the insured, though his name was mistakenly shown in the party array as 'Saith T.K.' instead of 'Salim T.K.'

(3.) Coming to the facts of this case, the appellant herein sustained injuries in consequence of an accident occurred on 21.04.2005 at about 8.30 a.m., while he was riding his bicycle. According to him, he was knocked down by a maruthi van bearing registration No.KL 7 AJ 4491 driven by the first respondent in a rash and negligent manner.