NEW INDIA ASSURANCE COMPANY LTD Vs. SARABJIT KAUR

JUDGEMENT

(1.) PETITIONER has filed this petition challenging the order dated 06.08.2014, whereby application moved by the petitioner for impleading owner, driver and insurer of Three Wheeler No. PB11 - AG -9983, was dismissed.

(2.) LEARNED counsel for the petitioner has submitted that in the present case the Three Wheeler in question was overloaded with passengers. The accident had taken place between the Oil Canter No. PB -11G -7655 and Three Wheeler No. PB -11 -AG -9983. In these circumstances, it was very necessary to implead the owner, driver and insurer of the Three Wheeler as a party. In case, the Tribunal came to the conclusion that the accident had taken place due to contributory negligence of the drivers of the both the said vehicles, then in the absence of the owner/driver of the Three Wheeler, petitioner would have to pay the entire amount of compensation to the claimants and it would be difficult for the petitioner to recover the share of compensation which was liable to be paid by the owner, driver and the insurer of the Three Wheeler. Learned counsel for the petitioners has placed reliance on decision of the Hon'ble Supreme Court in case, titled as Pawan Kumar and another vs. Harkishan Dass Mohan Lal and others, 2014 ACJ 704, wherein it was held as under: -

(3.) LEARNED counsel for respondent No. 1, on the other hand, has opposed the petition.