VIMLA Vs. MOOLCHAND

JUDGEMENT

(1.) THIS appeal has been filed against the award dated 4.2.1994 passed by the Judge, Motor Accident Claims Tribunal, Sambhar Lake, Distt. Jaipur in MACT Case No. 156/1992 filed by the appellant for compensation for the injury received by her while travelling in the bus bearing registration No. HNM 2755 owned by the respondent No. 2. It is on account of the said injury, her right hand was amputated and she filed the claim petition.

(2.) HOWEVER , the learned tribunal while deciding the Issue No. 1 has held that the negligence was not of the driver of the bus owned by the respondent No. 2 but that of the vehicle approaching from the opposite direction and it was also contributory negligence of the appellant herself who was sitting with her hand protruding out of the window and she received the said injury on account of being struck by the vehicle approaching from the opposite direction. In the opinion of the Tribunal, the claim petition ought to have been filed against the owner of the vehicle approaching from the opposite direction and consequently absolved the respondent of its liability.

(3.) IN the light of the aforesaid, learned Counsel for the appellant submits that the option lies with the claimants in such circumstances, to file a claim petition for compensation against the owner, driver and insurer of both the vehicles or against any one of them. He has also placed reliance on the decision rendered in the case of Sampat Kanwar Bai and Anr. v. Gurmeet Singh and Anr. 1988 ACJ 342, whether on the principle of joint tortfeasors it was held that the owner, driver and insurers of both the vehicles may be proper parties but it cannot necessarily be held that they are the necessary parties and in the absence of one of the parties, the claim petition cannot be allowed. On the contrary, both the parties are jointly and severally liable and the claimants can choose to file a claim petition and recover the damages from any one of them or both.