SANTRA & OTHERS Vs. RAJVIR & OTHERS

JUDGEMENT

(1.) The claimants who are the legal heirs of deceased Dharambir have preferred the present appeal challenging the order of the Tribunal that they were entitled to only half of the award amount from respondents No.1 to 4 jointly and severally.

(2.) It has been clearly pleaded in the claim petition filed under Section 163A of the Motor Vehicles Act, 1988 that the tractor owned by 2nd and 3rd respondents and driven by the 1st respondent came from the opposite direction driven in a rash and negligent manner by the 1st respondent and struck against the car in which Dharambir was travelling and as a result of which Dharambir sustained multiple grievous injuries and succumbed to the same.

(3.) Respondents No.1 to 3, of course, contended inter alia that the accident took place due to the rash and negligent driving of the driver of the car wherein deceased Dharambir travelled at the time of accident. Respondents No.1 to 3 as well as respondent No.4 have contended in their separate written statements that the driver, owner and insurer of the car were not impleaded and as a result of which the claim petition was liable to be dismissed for non-joinder of necessary parties.