BHAGWAN Vs. RAMDAS

JUDGEMENT

(1.) Being aggrieved and dissatisfed with the judgment and award dated 31.7.2003 passed in Motor Accident Claim Petition No.483/1999 by the Motor Accident Claims Tribunal, Parbhani, the appellant - claimant has preferred this appeal. The challenge raised in the appeal confned to judgment and award passed by the Tribunal to make deduction of 50% from the total compensation awarded for not joining owner, driver and insured of one of the vehicles involved in the accident.

(2.) Heard learned counsel for the appellant and respondents. Perused the record and proceedings and the judgment and award passed in connected First Appeal No.1422/2003 decided on 16.12.2015 (Coram: T.V. Nalawade, J.).

(3.) In view of the limited challenge raised in the appeal, it is not necessary to discuss the facts in detail leading to fling of the claim petition and award passed therein. The appeal is fled only for the reason that the Tribunal has deducted 50% of the amount from the total compensation of Rs.47,000/- awarded and payable to the appellant for the reason that the owner, driver and the insurer of the vehicle in which the appellant - claimant was traveling was not made party to the claim petition. The Tribunal has come to the conclusion that as the case of contributory negligence has been made out, the owner, driver and insurer of the jeep in which the appellant - claimant was traveling were necessary party to the petition fled by the appellant - claimant and for not joining them as party to the petition, the Tribunal has ordered to deduct 50% of the amount from the total compensation awarded to the appellant.