FATIMA BIBI Vs. UNION OF INDIA

JUDGEMENT

(1.) This civil first miscellaneous appeal is directed against the judgment and order dated 2.1.2010 passed by the Motor Accidents Claims Tribunal, Doda, whereby the claim petition filed by the claimants, appellants herein, came to be dismissed for want of impleadment of driver of the offending vehicle being necessary party (for short, 'impugned order'), on the grounds taken in the memo of appeal.

(2.) The appellants-claimants being the victims of vehicular accident filed a claim petition before the Motor Accidents Claims Tribunal, Doda for grant of compensation on the ground that on 26.11.1996 Ghulam Rasool, son of Mohd. Mussa, resident of Manoo Gandoh, Tehsil Gandoh, was hit by an army truck at Bhatri (Gandoh), which was being driven rashly and negligently, and, as a result of the said accident, he died on the spot. He was a carpenter by profession. He was also owner of four buffaloes and used to sell milk, ghee, etc. As claimed in the claim petition, the monthly income of the said Ghulam Rasool was Rs. 9,000. The appellants-claimants have specifically stated in paras 9, 12 and 13 of the claim petition that offending vehicle was of 17 RR Bn. and was being driven by army personnel rashly and negligently. Appellants-claimants being illiterate could not trace the registration number, so they without mentioning the particulars of driver in the cause title, filed a claim petition before the Motor Accidents Claims Tribunal, Doda. However, learned Tribunal vide the impugned order dismissed the same for want of impleadment of driver of the offending vehicle being necessary party.

(3.) Now the moot question for consideration is: whether the driver is a necessary party and the claim petition can be dismissed for want of impleadment of a driver?