NATIONAL INSURANCE CO. LTD. Vs. JAGRUTIBEN BHAVARLAL SHAH

JUDGEMENT

(1.) By way of these applications, the challenge is given to the order dtd. 22/4/2021 passed by the Motor Accident Claims Tribunal (Main), Surat in MACP No.307 of 2021, MACP No.306 of 2021 and MACP No.305 of 2021, whereby the application of the Insurance Company at Ex.19 came to be rejected wherein the prayer has been made to join the Owner, Driver and Insurance Company to the offending vehicle Inova Car bearing No.GJ-05-JL-2103, as party respondents.

(2.) Referring to the case of Amarsi Jugabhai Driver Vs. Vijayaben Hemantlal Dhulia & Ors. reported in 1996 (3) GLR, 493, Mr.Mazmudar, learned advocate for the petitioner submitted that it would be always advisable to join the other tortfeasors in the claim petition so as to avoid ambiguities and multiplicity of the proceedings, and further would avoid the complexity of recovery of the liability, if at all fixed by the Tribunal.

(3.) Mr.Paresh Darji, learned advocate appearing for the claimant has referred the judgment of Khenyei (supra) and supported the impugned order passed by the learned Tribunal. He is permitted to file his Vakaltnama.