SUDHIR DEBNATH Vs. DIRECTOR OF HORTICULTURE AND SOIL CONSERVATION, GOVERNMENT OF TRIPURA, AGARTALA; ELECTORAL REGISTRATION OFFICER

JUDGEMENT

(1.) This appeal is directed against the award dated 17.11.2011 passed by the Motor Accident Claims Tribunal, Court No.4, West Tripura, Agartala whereby the Tribunal rejected the claim petition of the claimant only on the ground of non-joinder of parties.

(2.) In this appeal Mr. A. Nandi, learned counsel for the appellant submits that the learned Tribunal has taken a hyper technical view of the matter and the case should not have been dismissed for non-joinder of parties. According to him in a case filed under the Motor Vehicles Act even if the parties are not properly represented the Court may proceed to pass the award.

(3.) The facts of this case are that the claimant-petitioner is alleged to be standing on a footpath when he was hit by a vehicle bearing registration No.TRG 562. It is alleged that this vehicle was being driven in a rash and negligent manner by its driver. The driver was not made a party to the proceedings. A driver is also a proper party to the proceedings. Only the Director of Horticulture and the Electoral Registration Officer, SDM, Sadar were made party to the proceedings. In the petition against column No.15 dealing with name and address of the owner of the offending vehicle it has been mentioned that the owner is "Director of Agricultural(sic), Government of Tripura, Agartala Tripura(w)". Thereafter, it appears that the Director of Agriculture appeared in the case and submitted that the vehicle was owned by the Director of Horticulture, Government of Tripura. The Court on 01.07.2005 found that the vehicle was not owned by the "Director of Agricultural"(sic) and the name was duly struck off.