ANAR DEI AND ORS Vs. SULEMAN AND ORS

JUDGEMENT

(1.) The instant civil misc. appeal has been filed by the appellant-claimants under Section 173 of the Motor Vehicles Act for quashing and setting aside the impugned order dated 20.10.2008 passed by the MACT (ADJ No.1), Bayana, in claim case No.308/07(99/03), whereby the claim petition filed by the claimants has been dismissed by the Tribunal.

(2.) The brief facts as emerging on the face of record are that on account of the said accident, one Ram Bharoshi was injured and died. A claim petition was filed claiming compensation of Rs.10,31,000/-. It is observed by the Tribunal that the appellants got dispensed with service on the driver namely Lala S/o Amruddin and the Tribunal proceeded on the basis that the driver has been deleted from the array of respondents and he was a necessary party and only on this premise the claim petition has been dismissed.

(3.) Shri Satyapal Poshwal, learned counsel for appellants contended that merely because name of the driver was deleted from the array of respondents, the claim petition cannot be dismissed as the owner of the vehicle in question appeared and even filed a reply so also the Insurance Company appeared and filed their reply and on the basis of the same, the claim could have been considered and not merely rejected.