NEW INDIA INSURANCE CO LTD Vs. LALAWMPUIA

JUDGEMENT

(1.) Heard Mr. M. Guite, learned Counsel appearing on behalf of the appellant and Mrs. Helen, Dawngliani, learned Counsel appearing on behalf of the respondents.

(2.) This appeal has been filed under Section 173 of the Motor Vehicle Act, 1988 challenging the impugned judgment and Award dated 17.8.2009 passed by the Ld. Member-cum-Presiding Officer, Motor Accident Claims Tribunal, Aizawl in MAC Case No. 44 of 2007. The said MAC Case No. 44 of 2007 was filed by the present respondent Nos. 1 to 3, who are minors, through their next friend against the present respondent No. 4 and the present appellant claiming for payment of compensation on structured formula basis under Section 163A of the Motor Vehicles Act, 1988 in respect of death of their mother on 3.7.2006 as a result of injuries which she had sustained in a motor accident on 21.6.2006 at Quinine (NH-40)while travelling in a Tata Sumo vehicle bearing registration No. AS-01-X-4906 belonging to the present respondent No. 4. The present appellant, who was the insurer of the said owner in respect of the said Tata Sumo at the relevant time, contested the claim petition after taking the necessary permission from the Claims Tribunal. On the basis of the pleading of the parties, the following two issues were framed:

(3.) One of the grounds submitted by the learned Counsel of the appellant is that the claim case was filed without impleading necessary parties and as such, it should not have been entertained. According to the learned Counsel of the appellant, the said accident took place while the said mother of the minor claimants was travelling in the said Tata Sumo vehicle bearing Registration No. AS-01-X-4906, as a result of dashing against the said Tata Sumo by a speeding Army Truck, and as such, the driver and the concerned owner of the speeding Army Truck are necessary parties in the said claim case. The learned Counsel of the appellant draws my attention to the certificate of the Superintendent of Police, Ri Bhoi District, Nongpoh, marked as Exhibit C-3, which states, inter alia, that as per finding in the inquiry, the said Tata Sumo was dashed by a speeding Army Truck which fled away towards Shillong after occurrence and the registration numbers of the said Army Truck could not be ascertained. The learned Counsel of the appellant submits that since the accident was caused as a result of dashing against the said Tata Sumo by the speeding Army Truck, the claim case filed without impleading the driver and the concerned owner of the speeding Army Truck should not have been entertained and that by entertaining the said claim case, the Claims Tribunal acted illegally. Further, according to the learned Counsel of the appellant, it was wrong and illegal on the part of the Claims Tribunal to hold the owner of the Tata Sumo liable for the accident caused as a result of rash and negligence driving of the Army Truck. The learned Counsel of the appellant submits that in case of inability to ascertain the relevant particulars in respect of the said Army Truck, the accident should have been treated as a hit and run motor accident as provided under Sections 162 and 163 of the Motor Vehicles Act.