MEHTA ARVINDBHAI BHOGILAL Vs. CHANDUBHAI DANABHAI CHAUHAN

JUDGEMENT

(1.) THIS First Appeal under section 173 of the Motor Vehicles Act, 1988 [the MV Act, hereafter] is at the instance of a claimant in a proceedings under section 166 of the MV Act and is directed against an award dated 5th April 2007 passed by Motor Accident Claims Tribunal [Aux.], 7th Fast Track Court, Modasa, District Sabarkantha, in M.A.C.P. No. 74 of 1996 thereby awarding 50% of Rs. 1,45,994 -00 in favour of the claimant with a direction upon the opponents No. 1 and 2 to pay the amount and refusing the balance 50% of the award on the ground that although the other vehicle involved in the selfsame accident was also responsible yet the owner, driver and insurer of the said vehicle not having been made parties to the proceeding under section 166 of the MV Act, the claimant is not entitled to the balance 50% amount. In other words, the Tribunal, after holding that the claimant was entitled to compensation of Rs. 1,45,994/ - due to the accident, held that the claimant will be entitled to only half of the compensation awarded for non -impleading the other joint tortfeasor.

(2.) BEING dissatisfied, the claimant has come up with the present appeal.

(3.) MRS . Bhatt, the learned advocate appearing on behalf of the respondents No. 1 and 2, has, however, opposed the aforesaid contention of Mr. Jani and has contended that the Tribunal rightly refused the balance 50% because of not impleading the owner, driver and insurer of the truck which fled away. Ms. Bhatt even contended that in the absence of the owner, driver and insurer of the truck, the proceedings should have been dismissed. However, as her clients have not filed any cross objection or separate appeal, her clients are ready to pay the 50% of the amount awarded by the Tribunal.