DIPAK BISAI Vs. USHA NANDA

JUDGEMENT

(1.) The impugned Order dated 20.03.2018 passed by the learned Additional District and Session's Judge, Fast Track, 1st Court, Midnapore, in MACC No. 431 of 2015 rejecting the petition dated 12.12.2017 filed by the opposite party/ Dipak Bisai (hereinafter called as petitioner) praying for impleading Partha Ghosh as added party in the instant proceeding is a subject of challenge in this revisional application.

(2.) The claimant initiated claim case being MACC No. 431 of 2015 claiming compensation of Rs.15 lakh plus medical expenses for sudden death of victim Sourav Nanda, in connection with a road traffic accident held on 26.04.2014, by reason of involvement of a vehicle bearing No.WB-30D/1233.

(3.) The opposite party/Dipak Bisai furnished written statement on 29.03.2016 disclosing in para 18 there at that Dipak Bisai/opposite party exchanged his old Hero Honda Passion Plus Motorcycle through 'ANB Motors' Egra in an exchange scheme depositing his old vehicle, and purchased his new Hero Honda CBZ Motorcycle. In the exchange scheme, Rs.25,000.00 was adjusted towards cost of newly purchased Hero Honda CBZ Motorcycle by Dipak Bisai. All the original documents pertaining to his old Passion Plus Motorcycle were duly handed over to buyer Partha Ghosh of Jhargram through 'ANB Motors', and the buyer Partha Ghosh in consequence thereof paid Rs.18,000.00 in cash, and the balance amount of Rs.7,000.00 directly to 'ANB Motors' by account payee cheque. The 'ANB Motors' while handing over the new purchased Hero Honda CBZ Motorcycle in connection with such exchange scheme to Dipak Bisai, assured that the matter relating to transfer of ownership would be taken care of shortly. According to petitioner/revisionist, the petitioner/Dipak Bisai is not in anyway connected with the accident, causing death of the deceased victim involved in the instant MACC case, and at the relevant point of time Balaram Hembrom one of the staff of buyer, Partha Ghosh had allegedly used the Motorcycle, causing accident on the fateful day of accident. Since the petitioner already transferred his old Passion Plus Motorcycle bearing No. WB-30D/1233 through 'ANB Motors' to buyer Partha Ghosh upon execution of a document dated 09.07.2010 bearing signature of buyer and seller as well, it was submitted by the petitioner that he should not have impleaded as necessary party in this case so as to fasten the liability upon him to compensate the claimant, and thus proposed for addition of party impleading Partha Ghosh as party in this case, which was rejected by the order impugned by the court below.