KAMLESH Vs. SHAILENDRA

JUDGEMENT

(1.) THIS appeal is by the claimants. Claimants have challenged the order passed by the VII Additional Motor Accident Claims Tribunai, Gwalior whereby their claim petition has been dismissed on the ground that claimants have not impleaded the owner and driver of the offending vehicle as party in the claim petition.

(2.) COUNSEL for Insurance Company submitted that claim petition is rightly dismissed.

(3.) IT is settled principle of law that in the case of composite negligence, claimant is free to claim compensation from the driver and owner of any of the vehicles involved in the accident. The claimants have impleaded owner and driver of the offending jeep. It is also true that unknown truck was involved in the accident and claimants had no knowledge about the owner and driver of the said vehicle. In such circumstances, claimants cannot be compelled to implead owner and driver of the unknown truck whose name and address were not known to the claimants and on that count claim petition cannot be dismissed. It is the duty of the Claims Tribunal to determine the compensation payable to the claimants. Counsel for respondent insurance Company has supported the award passed by the Claims Tribunal.